The New York herald., 1921-09-20
MRS. STOKES FREED;
DIVORCE DENIED HIM
Hotel Man Loses His Action,
While Separation Is
Granted to Her.

After listening for six weeks to testi-
mony and celebrating over it since early
June Supreme Court Justice Edward r.
Finch handed down yesterday his de-
cision in the divorce action of w. e. ID.
Stokes against Mrs. Helen Hilwood Stokes
and Mrs. Stokes's counterclaim for
separation. He denies Mr. Stokes the
divorce and grants Mrs. Stokes the
separation.
The custody Of the two children and
the matter of permanent alimony Will
be settled later The children are at
present with their mother in Denver. and
Mrs. Stokes is receiving s!.500 month
temporary alimony. In the meantime 1t
is expected Mr.. Stokes will appeal.
Justice Finch held that In no instance
did Mr. Stokes offer sufficient proof re-
garding his wife's infidelity with any Of
the correspondents to justify granting
decree. Exact times and places must be
specified and proved, he held Ten CO
respondents were named in the original
complaint but by the time the trial
ended they had dwindled to four-Edgar
T. Wallace, George Schroeder. Hal
Billlg, Mrs. Stokes's cousin. and tall.
dark man." who turned out to be another
and younger relative of the defendant.
Regarding Mrs. Stokes's plea for
separation Justice Finch said it Is
plain that great deal of what the de-
fendant has testified to has been exag-
gerated, If, indeed, some Of it really
happened at ALL" yet there remained
sufficient evidence upon which to find
decree of separa tion. Especially In view
OF the fact that the testimony has not
been contradicted."
Failed to Sustain Proof.
AS in the trial itself. most OF the de-
cision considers alleged indiscretions
with the correspondent Wallace, wealthy
California oil promoter. who lived in
New York In May, 1914. Regarding the
question of whether witnesses peerng in
from an extension roof saw Mrs. Stokes
il Wallaces bedroom Justice Finch de-
cided "the plaintiff has failed to sustain
the burden OF proving that this worn1n
was the defendant" Regarding other
testimony of happenings In the Wallace
apartment Justice Finch continues:
'The fair inference from this testi-
mony is that upon a dozen occasions at
least the defendant is alleged to have
spent the night in this apartment. away
from the watchful eyes of her husband
and maids and from her two children,
and was sending down Ito a tea room
In the basement) for a late breakfast
preparatory to dressing. This is partly
contradicted by some OF the evidence in
the case, to the effect that while the de-
fendant was fond Of diversions and as
sociates foreign to the likings OF gen.
tlewoman. yet she was accustomed to
striving home at night. even though
late. and presumably. at east, seeing
her husband in the morning.
"In addition TO the denial of the de-
fendant and the correspondent and the
regular maid there is the added i'm
proba biity that the defendant, who was
possessed Of such material monetary
luxuries of life as marriage had brought
her, and who was then the mother OF
two children. would take the chance of
losing all these by making no effort to
conceal herself from being found dis
robed again and again in the bed Of
bachelor who was then living In an
apartment house Of unsavory reputa-
ton"
Justice Finch found similar improba-
biities regarding the alleged intimacics
with the other correspondents He uues-
toned also the credibility Of some Of the
Stokes witnesses. remarkIng that one
maid had been paid $4,000 and another
s2.l00 while waiting for the case TO be
tried. though they did not appear to have
rendered much service.
Mrs. Stokes was the millionaire real
estate owners second wife. his first hav-
ing been Mrs. Philip NJ. Lydlg, VINO Is
now engaged to the Rev. Or. Percy $.
Grant. They were married February IL,
1911, when he was 5s and Mrs Stokes -.