The New York herald., 1921-10-22
Fight TO KEEP OUT
STILLMAN RELATIVES
Justice Morschauser Hears
Argument on Motion to In
volve Three Generations.
EXTRA COUNSEL ENTER
Former Justice jerks and
G. A. Rogers Supplement
Bankers Attorneys.
DECISION is RESERVED
John E. Mack Says He Wants
to Clear Boys Name
at Once.
DECISION is RESERVED


be the most stubbornly fought legal
battle Of the Stillman divorce suit was
staged yesterday at White Plains
when the motion of John E. Mack.
guardian for baby Guy Stillman. was
argued before Supreme Court Justice
Morschauser. The motion, if upheld
would bring in as defendants three
generations of the Stillman family to
bind them for all time to whatever de-
cision may be rendered on Guys pa
ternity in the present suit. So i'm
portant did the bankers attorneys
consider the move that they engaged
as special counsel Almet r.. jerks
formerly presiding Justice of the Ap-
pellate Division of the Supreme Court
in Brooklyn, and his law partner
Gustavus A. Rogers, to rebut the ar
gument of the guardian. The proceed
ings resulted In Justice Morschauser
reserving decision.
For more than an hour and half
Mr.. Mack and Mr.. jerks were the CEN
trail figure in a legal argument which
hinged mainly on the powers of the court
to extend suit started on statutory
grounds into one os equity. Mr.. jerks
contended the court was without
authority and Mr.. Mack argued an
amendment of the practice act which
went into effect October 1 enabled JUS
tice Morschauser to pass on his motion.
Mr.. jerks said it was not "a question OF
appealing to the great heart of the
court. but to the head of the court as
man." Mr.. Mack said he urged the
court to use both his head and heart.
Pleads for Settlement Now.
Mr.. Mack outlined the suit up to date
and the will of James Stillman, under
which, he claimed. Guy becomes a po-
tential beneficiary in FIVE trust funds.
"A decision for Guy will not. however"
he added, bind the trustees or any of
the parties mentioned in the will. The
matter could be threshed out at another
time when the youngsters witnesses
might be dead. A child of his age cam
not suffer the humiliation a grown per-
son would feel IL placed in his predica-
ment. If there Is not a complete adjudi-
cation at this time he may be forced to
face an attack on his birthright some
time later"
The appearance of Mr.. jerks as coun-
sci for the banker was surprise to
John F. Brennan, chief counsel for Mrs.
Stillman, and to Mr.. Mack. When the
former Justice entered the court room
Justice Morschauser descended from the
bench and shook hands with him.
Mr.. jerks opened his argument by
saying there were but three issues in the
suit: First the alleged infidelity of the
wife second. the alleged infdelity of the
husband. and third, the good name of
the infant The lawyer said the motion
of Mr.. Mack would bring into court
large number of persons who had no in
terest in the litigation, save that of being
beneficiaries under the will of Mr.. STILL
man. Mr.. jerks said James A. Stillman
ito a certain extent and subject to GER
tain plenary powers vested in the court
is master Of the original action
"The plaintiff says nothing In his
pleadings about the will-he raises no
question about the WILL" the lawyer con-
tinued. THE effort, II the court pleases
is to bring in every one who might be
interested in the provisions of the will
The very difficulty, the very shortness,
the very imperfections Of the PROPOSE
tion should carry their own refutation.
1t is utterly impossible to bring in every
one now because the court cannot in
dicate who they are. How can you tell
II YOU cannot tell what will be the use
of bringing in any? Mr.. Stillman as
master of this litigation did not seek
construction Of this will"
Denies Jurisdiction of Court.
Mr.. jerks argued that the court was
without jurisdiction, as the action begun
by Mr.. Stillman was "a statutory one
pure and simple" and said the court
must be limited by the statute. with
all his big heartedness," he added-"and
we all know of Mr.. Justice Morschauser
for his big heartedness-the court must
be limited by the statutes. and the bet
ter the judge the more he must obey the
law"
The lawyer contended the Rockefeller
and Stillman children. whom Mr.. Mack
wants made defendants. are mot neces-
sary parties" and that TO bring them in
would mean endless litigation. ITO do
So" he said, "it would be necessary to
amend the complaint. and each would
have q right to plead. 1t is impossible
to estimate the number of new issues.
why has Mr.. Mack waited until now?
This motion could have been made long
ago"
There will be no hearings In the suit
until November g. by which time Jus.
tice Morschauser will have rendered his