The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-04-02
$4,000 ALIMONY
TO NIRS.STILLMAN
SETS NEW RECORD
In Addition to $500 a
Month, $4,000 Fees, $12,-
500 Expenses Allowed.
LETTERS RULED OUT
'Hysterical' Missive and AL
legged Beauvais Notes Are
Barred From Records.
BANKER WILL APPEAL
All Documents Ordered Sealed
Until Monday-Children
to Choose Homes.
BANKER WILL APPEAL

Supreme Court Justice MorschauseI
all but ruled the Stillman case out OF
court yesterday. First he decreed In.
admissible tho "hysterical confession
written to James A. Stillman in 1915
by Mrs. Stillman before the birth ol
letters alleged to have been written te
Mrs. Stillnan by Ferd Beauvais And
finally he reviewed the charges anc
counter charges and admonished both
sides that if the allegations against
both can be sustained ''time. labor ano
the expenditure Of money" may be
saved by realizing that it will be i'm
possible for either to obtain a divorce
The Justices opinion granted to Mrs
stillman alimony OF $500 a month. OF
$4,000 a year; 5000 for counsel fees
and s12,500 for expenses. This sets q
new record for allowances in divorce
suit.
DE Lancey Nicoll and Cornelius j
Sullivan. attorneys for Mr.. Stillman
will appeal on the grounds that the
awards are excessive and that the
court erred in not accepting the let
ters as admissible evidence. Inasmucll
as the bankers case against his wife
Is predicated upon the letters, the de-
cision is regarded as a severe blow to
" ~ x,ir Ia 49, he
According to Messrs. Nicoll and Sulli-
van. the former record for high awards
was established in the case of Katherine
Ciemons Gould against Howard Gould.
when permanent alimony OF $4,000 a
year was allowed to Mrs. Gould
The letters. affidavits and other docu-
mcnts were not made public. The JUS
tlce ordered the Clerk OF Westchester
County to keep them sealed until he
should arrive In White Plains Monday
morning. The reason for this was not
revealed. Justice Morschauser sent the
papers and the decision to White Plains
by his confidential clerk. Frank G.. Cum
ley. According to programme. Charles
Decker, the County Clerk. was to have
taken them TO Carmel, Putnam county.
at once and turn them over to the clerk
Of that county. But before Mr.. Decker
started the Justice telephoned to him
and the exhibits were locked In Decker's .
safe.
Lawyers Follow Courts Lead.
Lawyers for both sides, taking their
cue from the court, decided not to make
public their sides of the controversy.
Messrs. Nicoll and Sullivan said they
were restrained by the decision of the
court to hold the papers under seal and
by their own decision TO appeal At the
offices of StanchfieId & Levy, attorneys
for Mrs. Stillman. it was said that they
were quite ready to produce their evil
dence, provided the court and their op-
ponents led the way. What may hap
pen when Justice Morschaueer reaches
White Plains Monday remains to be
seen.
Briefly, Mrs. Stillman's letter to her
husband is ruled out on the ground that
it is confidential communication, and
therefore excluded as evidence. The
Beauvais letters are excluded because.
IN the courts opinion, there was not suf-
ficient proof that Beanvais wrote them.
Speaking TO reporters concerning the
sealing of the exhibits the Justice said:
Under my decision, upon the objec-
ton of the defendants counsel, the
papers could not be considered upon
this motion. Furthermore ] sealed the
they contained statements neither side
could testify to on this notion"
Two important facts were developed
by the decision and comment yesterday.
In the first place Il is recognized that
the chances are Mrs. StilInan's letter
probably never will be received in evi-
dence. Secondly. the case establishes 4
precedent. Never before, in this State
al least, have mother and child been
made codefendants IN a divorce action.
Justice Morschauser declared that
with the exception OF Guy. who is only
20 months old. the Stlllrnan children are
old enough to decide for themselves
with which parent they will live pend
ing final adjudication. He also dwelt
upon the fact that Mrs. Stnlman IL not
suing for divorce but pleads recrimina-
tion as defence.
John +. Brennan of counsel for Mrs.
Stillman will ask the court to sign the
alimony order Monday morning. What
effect the appeal will have upon the
allmony is not clear. Messrs. Nicoll and
Sullivan will have twenty days In which
to file tho necessary papers Mrs. Still
mans March allowance (s5,000) has
not been paid because, II is said. Mr..
Sullivan did not know whether Mira
Stillman's lawyers would permit her to
accept Il under present conditions.
Text of the Decision.
Justice Morschauser's opinion follows.
James Stiiiman against Anna u.
stiiiinap and Guy Stillman.
This motion Ia made by the defend
ant, Anna U. stillman, for permission TO
serve an amended answer and for ali-
mony and counsel fees. The plaintiff
consented TO the granting OF the order
-or permission to serve an amended
ColLtsnved OF SirtH Pay.
EcR efficient sarvios Ia sindine efficient