The New York herald., 1921-07-04
DEFENCE FINDS AID
FOR BABY STILLMAN
Buffalo Man Expected to
Upset Testimony of Mrs.
Rockefeller.
QUESTION OF DATES
Banker Reported With
Wife and Father at the
Same Time.
PHONE CALL RULED OUT
Plaintiff May Appeal From
Decision-Aunt's Evidence
Hurts Child.
PHONE CALL RULED OUT

Aei to NhAAAN'
Should the James A. Stiltrnan divorce
suit result in sn unfavorable decision
for Baby Guy Stillman, it wall be due in
large part, legal observers feel, to the
testimony given at one of the hearings
by the child's aunt, Mrs. Percy A. Rookie
most damaging against thefbaby, and is
thought to be sufficient to endanger
Guys good name and right TO partici-
pate in the s7,o00O00 trust fund estab-
lished by his grandfather. unless out
weighed by contradictory evidence in
the defence.
Mrs. Rockefeller was on the witness
stand more than an hour, and her testi-
mony stands in the minutes substantially
as told on direct examination, although
every effort was made by John z. Mack.
guardian. and John F. Brennan, chief
counsel for Mrs. Anne Urquhart Potter
Stillman, 10 show she was uncertain as
to dates. Mrs. Rockefeller testified that
the banker was at the home of the late
James Stiilman. 2 East Seventy-second
street. every r'ght from January 1 to
March Is. 1918 md that Mrs Stillrnan did
not appear there during that period. The
elder Stillman died March Is. and the
plaintiff in the divorce suit then took up
his residence at 270 Park avenue. Un-
less Mr.. Mack is able to upset this testi-
mony, lawyers believe the banker may
succeed in his attack on Baby Guy,
which admittedly is the object of the
suit.
NAV From u nj
1t was learned yesterday that during
Mrs Rockefeller's examination legal
battle developed over the admission as
evidence against Guy Stillman of an al
legged telephone conversation between
Mrs. Rockefeller and Mrs. Stillman that
took place on Washingtons Birthday In
1918. Mr.. Mack scored an apparent
victory in the argument, as Referee
Gleason ruled out the evidence as
against the child, but it is thought this
decision may be appealed before the suit
ends. or that II may be used afterward
as the basis for an appeal, if the ref
eree's findings do not satisfy Mr.. Still
man.
Mrs. Stilman was stopping at the ST.
Regis Hotel at that time, and was nurs-
ing Miss Anne Stillman, the banker .
eldest daughter. through an attack of
the mumps. She is said TO have called
Mrs. Rockefeller on the telephone and TO
have complained to her that the banker
had been neglecting her. Mrs Rookie
teller was at her fathers home in Sew
enty-second street.
Mrs Stillman said he would have
nothing to do with her." Mrs. Rockefeller
testified that he spent all his time
down at the bank with his club friends.
She said that so far as she was con-
cerned che did not care who eaw him or
who he went with. that she was going
to Canada"
In her testimony Mrs Rockefeller said
she begged Mrs. Stillman to be patient
and told her. that Mr.. Stillman loved his
children more than anything in the
world, but that he could not leave his
father as the doctor said he was about
to die. Mrs. Stillman.' Mrs Rookie
feller testified. said that she refused to
be considered a stick of furniture by
any man and that she was leaving for
Canada, where IL was beautiful in the
winter time"
Mack Wins His Point.
Mr. Mack argued that statements
made by either the father or mother
could not be used against the baby, as
the statute provides that their declara-
tions to third party also were iT.ooni-
petent. William Rand. Jr., one of Mr.
Stillman's lawyers. said a decision to
this effect would establish a legal precs-
dent. but the referee nevertheless found
in Mr.. Mact's favor.
Mrs. Rockefeller during the cross ex-
animation of Mr.. Mack, admitted having
been absent from her fathers residence
four times during January. 1918, but.
she said. at no time was she away for
more than twelve hours. and that the
four occae.ons we're prior to January 26
and 81, which days havo become so vital
TO Baby Guy. Her absences were caused
by visits to her home in Greenwich
Conn, and were undertaken at times
when her fathers condition seemed to be
favorable. 1t was brought out that the
eldSr stilimans condition. from about
January 20 on. was such that none of his
Children could remain away from his
bedside.
This testimony. with the sworn state
ments OF servants from Mondanne, the
Pleasantville home Of the banker, and
OF Mrs. Hunt. housekeeper for the elder
Stillman until his death. Is considered to
be Mr.. Stillman's case against his baby
son No effort has been made thus far
by the bankers attorneys TO introduce
the famous "hysterical letter" known as
exhibit "A" and 1t Is considered un-
llheiy tnat any attempt Will be made, be-
cause IL was ruled out as incompetent
by Justice Morschauser several months
ago, when the allmony and counsel fees
motion were argued.
Mr.. Mack and Mr.. Brennan have tried
several times 10 have the referee rule
out the testimony of Mrs. Rockefeller
and Of the Mondanne servants. but the
referee held the banker has a right to
try to prove he and Mrs. Stillman
were not living together during tho
spring OF 1918.
Important witness for Defence.
Il Is known Mr.. Mack is depending
largely upon NJ Phelps Clawson, son of
Buffalo merchant. to prove that Mr..
Stillman could have been Guys father.
which. under the law, is ell that is nee
essary TO dlsprove the bankers ailega-
tions. Mr.. Clawson. II is understood,
will tell OF a party at Mondanne the
night of January 26, 1918, at which he
will swear the banker was present. Let
ters Mr. Clawson wrote at that time TO
his mother, who now is dead will he
introduced by the defence.
Mr.. Mack also is depending upon the
diary OF DR.. Hugh L. Russell. Buffalo
osteopath. to prove the banker was at
Pleasantville In January, 1918 This
diary now Is In the hands OF the referee
and entries in II indicate Mr.. Stillmnn,
his wife and three children. wero treated
twice by the osteopoth at Mondanne