New-York tribune., 1921-03-24


1ess tit,s, and crowainx III his Ii ~, cu,xs4 ~
zsVss IN mr' ], ssl3oasuiat ting ''sss
/ Is = ows said Mr.. Brennan. sssva nrp
~; Il. " ~. 'nofior to argue tor The ex-
~ ~ as,asson - = ot this man az To money.
sss.,s aTe mere on no other notion
not demanded M,s's N;sc,l
NTH 'sI an exrression as Of surprise and
ror this reason: The motion a N
sstt1mony q and counsel Zee was arrund a.
March ea At PoMghkeepsie.'s renl3pd M
49, navn : " Y has no relevancy at all
Transcript Filed March s
Justicc Morschauser, after some dis
| cussdon with the lawyers, learned. an
/ msy pamIshsiy 20 his atiiagement, that the
afnuavats and the transcript az ina
testimony taken before the referse Ma
nsen IN the possession Of his clerk
sfnce March 8. In other words IA
some one in court said, the most IN
EyefesSing testimony Any Justice In Nav
I crk IS likely 10 hear Tor some time ~
come had beea reposing ii. an ONCE
me tor weeks unread BY any one. M
less g was the court clerk himself.
@ never knew that he had them,' 2
exc clalned the justice. t.It is news IA
me. have not seen them. You nrob-
| Ably gave them to me and did NOT
Know It. If they are in the cIerk,s
hands it is all right" :
his was permission to 20 ahead
and Mr.. Nicoll proceeding, said
, say that the evidence before you
snovss shat the lady whom Mr.. Stillman
sharIiel, ~ ~ snd who IS the mother Of his
snree chlidren, took as lover an In
aian guide by whom she had an in
fant, which Mr.. Stillman must either
&C knowtedee as a member of his family
on musr repudiate as illegitimate.
NOW, it appears, the evidence be-
lore you also shows that this intimacy
began as early as 1915 and continued
adter the infant was born and through
1919, and Mr.. Stillman therefore feels
u TO be his duty to his fathers mem
ory ana to his family and to his chill
dren to press that matter to a con-
clusion. Had it been possible to have
scertained the illegitimacy Of the
child IN any form Of proceeding he
would nave welcomed that course. But
under our code, under our procedure'
there Is no other way of determining
the illegitimacy of the child except bv
bringing suit, which he has brought
defendant.
Declares Wife Confessed
Il don't know what must be the feel
ihgs OF a husband and father whose,
MIND IS poisoned with the suspicion
shat his Wife and the mother Of his
children has yielded to the embraces
/ Of his Indian guide, but can we'll I'M
derstand his refusal to credit such an
incredible thing for long time, and
even after his wife in moment of
hysteria made that inn ltion herself
ny confessing her guilt. Now, here are
the charges made by the plaintiff
against the defendant"
{ Mr.. Nicoll then entered into dis
cussIon Of the amount that should be
paid Mrs. Stillman as temporary ali
mony and for counsel fees.
NOW what shall that sum be?" in
quired Mr.. Nicoll. "The largest sum
ever granted by any court in this state
was the sum which was granted in the
Gouid case, where | had the honor of
representing Mr.. Gould. There Mrs.
Gould asked for exactly the same sum
which Is asked here, $4,000 year.
Che Judge allowed her S25, 900 and
$4,000 counsel fees. That, | say, is
the largest sum that any court in this
state has ever granted. And assume
that your honor, if governed by prece-
dent, would confine yourself to that
sum. On the other hand, your honor
may. say: well, Mr. Nicoll, you have
given the defendant $4,000 year, and
In the|Gould case Judge Bishop point
ed out that you had been giving Mrs.
Gould $25,000 a year In certain
sense you fix the amount which she
should have. And if your honor takes
that view of it, why, we should accept
that. AS to the amount of counsel
fees, assume from your honor's ex-
perience and grasp of the case you
Will do the proper and reasonable
thing, and with that confidence we sub
nit the case to your hands.
Guys Guardian Intervenes
Thus far in the proceedings the little
boy whose right to the name Guy Still
man is questioned had figured only as
q victim, but Mr.. Mack, Is guardian ad
lifem, appointed by the court, rose at
this point and declared he wanted to
correct statement made by Mr.. Nicoll.
In doing so he revealed that the plain
tiff's attorneys had filed with the court
the much discussed letter from Mrs.
Stillman, which her husband contends
contains confession of guilt.
"The evidence given before the ref
cree up to the present time does not
show that any other person but James
A. Stillman is the father of this in
FAINT" declared Mr.. Mack "The only
evidence offered by the plaintiff was
ruled. out by the referee"
Mr.. Mack. you understand me-" said
Mr.. Nicoll. 81 said the evidence before
the court part Of it's the testimony
before the referee and part Of it is
certain documentary evidence which we
have offered to the court"
"The documentary evidence snot ac-
cepted as yet" replied Mr.. Mack, "and
| want to say that the only evidence
offered now that was competent either
against the child or against the wife is
in the form OF confidential communi-
cation as regards the wife, and. as to
the child, even the wife could not tes-
tify against the child Neither party