New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-20
Stokes Denied
Divorce; Wife
Is ExOnerated
Court Upholds Counter Suit
for Separation Brought
Against Husband Charging
Cruelty and Abandonment
Mother Is Given Children
Testimony of Accusers Is
Questioned by Justice;
Stories Called Improbable

MRS. Helen Elwood Stokes WAS cx-
onerated yesterday of the charges
made by ". E. d. Stokes, millionaire
railroad man and formerly owner of
the Hotel Ansonia, in his suit for di-
vorce Justice Finch, of the Supreme
Court, dismissed the complaint Of the
husband
Mrs. Stokes also won more afr
NATIVE victory by the decision of the
justice, VINO sustained her complaint
IN an action for q separation brought
rs counter claim to the action of
Mr.. Stokes and based on allegations
of abandonment and cruelty. Accord
ingly. Mrs. Stokes will receive decree
of separation with an allowance and
also will have the custody of her two
young children, now with their mater
nal grandmother in Denver.
Mr. Stokes predicated his petition
Tor divorce from his wife upon her
alleged conduct with three correspond
ents, George A. Schroeder, DR.. Nat C.
Billig. cousin of Mrs. Stokes's mother,
and Edgar 7. Wallace, now in the oil
business in San Francisco. 1t was
upon the charges involving the name
pended principally to establish his
case. He brought many witnesses to
testify that they had seen Mrs. Stokes
in the company of Mr.. Wallace at his
New York apartment in East Thirty
fifth Street.
Justice Questions Testimony
Justice Finch not only expressed his
ncredulity about the friendship which
It was contended by Mr.. Stokes his
wife carried on with Mr.. Wallace, but
the court also was not altogether sat
isfied with the accuracy of the tes-
timony, freely given in most instances.
AS to the cruelty charges made by
Mrs. Stokes. Justice Finch did hold
that Mrs. Stokes exaggerated, but he
found sufficient basis in her complaint
20 warrant decree of separation in
favor of the wife. For one thing, the
allegations of Mrs. Stokes went to
ne justice for decision without the
contradiction of Mr.. Stokes, who did
not take the stand in defense of the
charges against him as his wife did
in the divorce phase of the cross
proceedings.
This fact, Justice Finch, intimated,
initiated against MIR. Stokes. For five
OF six weeks the trial of the Stokes
case dragged along, and just about
the time it was to be finished Mr..
Stokes suffered an attack of pleurisy,
40 that he never went on the wit
ness stand. Martin w. Litt.eton, coun-
and examine Mr.. Stokes, but he aban-
doned this plan.
Justice Finch reviewed the marital
relations of plaintiff and defendant,
mentioning that they were married in
1911. when Mr.. Stokes was fifty-eight
Gears old and Mrs. Stokes twenty-four.
The justice took up the alleged in
cidents of the Wallace apartment.
Denial Made by Wife
Both Mrs. Stokes and Mr.. Wallace,
the latter coming from California to
be q witness, testified in denial Of the
mass of testimony given that Mrs.
stokes was seen in the apartmnt. Mr..
and Mrs. z. N. Matteossian. who oc-
cuped an apartment in the same
house, testified that they looked in the
rooms OF Mr.. Wallace from the roof of
IN extension one floor above. Justice
Finch dscredited this testimony as
he did that Of Mrs. De Anquinas, who
iold of being invited into the Wallace
npartment while Mrs. Stokes was
there
Regarding the testimony of Mrs. de
Anquinas, Justice Finch said: "In adj
dition to the fact that both the defend
ant and the correspondent, who are of
course interested, denied this testimony,
It is extremely improbable that the CO.
respondent would invite a. stranger to
come to his apartment at such time.
and then thus far forget himself, even
hough there is testimony of three
classes and bottle of liquor being
ahout
Concerning the counter claim of Mrs.
Stokes for a separation. Justice Finch
said: at is plain that a great deal Of
what the defendant has testified has
been exaggerated, if, indeed, some Of it
really happened at all. This is shown
by the fact that these occurrences arc
MT entered in the body of the diary,
which the defendant relies upon, but
re placed at the end of the book and
IRE only referred to by star placed
IN the regular portion of the diary. In
addition, while the defendant was suf-
fering this cruel and inhuman treat
ment as alleged by her, she was writ
ing most endearing and affectionate