Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-04-02

Mr. Stillman could not testify to and
1t was upon this ground that the
communications were barred.
Justice Morschauser pointed out
that his inhibition against admitting
the alleged messages from Beauvais
to Mrs. Stillman applied only to the
motion under consideration and that
they might be offered again in con-
nection with later motions.
Referring to the alleged letter
written to Mr.. Stilman by his wife
to the admission of which her at
torneys objected and which it was
charged by counsel for the banker
she wrote Gin moment of hyster-
ia, duplicating herself" the decision
said:
Communications and transactions
between husband and wife were ear
1y recognized as privileged and
neither could be compelled to dis
close what took place between them
and neither was a competent witness
to testify as to such transactions or
communications of a confidential ma
ture or induced by the marital re-
lation.
Prom experience it was found
that far less evil would result from
the exclusion of such testimony than
from it's admission. 1t may in in
dividual cases work hardship, but
the destruction of confidence between
a husband and wife would cause
much misery and effect the mar
ri ;e,
ed upon sound public policy"
Referring to Mrs. Stillman's charge
thap her financief husband is the
father of 80 mos,ths' old son born to
Mrs. Florence III. Leeds, former mu-
steal review girl, the decision said:
She defendant has amended her
answer and charges acts and conduct
uponthe plaintiff of similar character
as charged by him against her and
such acts are supported by affidavits
of different persons.
"She does not seek divorce but
pleads recrimination against the de-
PENDANT as defense. If the acts and
conduct as charged against each
each other are sustained, neither will
be entitled to a decree.
IF these charges are established
the plaintiff and defendant will find
themselves in the same position as
before the commencement of the ac-
ton, except that they will have had
their day in court, or perhaps several
days, as to matters affecting them,
and this means time, labor and rex
penditure of money"
Under both common law and the
code of civil procedure. the decision
declares, the rule against admitting
confidential communications between
a husband and wife is applicable
even after marriage is terminated by
divorce or by the death of the par
ties.
In substantiation Justice Nor
schauser quoted a judicial opinion
saying that upon grounds of public
policy, husband and wife were not
permitted even by consent to give
evidence for or against each other, or
to testify, even after the ending of
the marriage relation by death or di-
vorce, to private communications
which took place between them while
it lasted.
The decision said it was a debat-
able question whether the letters al
legged to have been written to Mrs.
Stillman by the Indian guide, one of
her husbands servants, should be re-
ceived upon the plaintiffs affidavit,
by other affidavits.
Matters plaintiff cannot testify to
on the trial, hearing on the merits,
Or special proceeding under section
SS1 of the code of civil procedure" it
read, che should not be permitted to
place in an affidavit, on a motion of
this kind when the defendant objects.
HE cannot testify to the hand