New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-07-14
Wife's Charge
is Not Denied
By Still1r1a11
tconsluusd from pacs ore,

L <
1 PENDANTS should be allowed to try their
case In their own way and produce such
evidence OF one adultery, 80 fer as this
present court but any other courts that
might have to pass upon it.
Guys Guardian Intervcncs
| Mr.. Mack supplemented this objec-
tion by stating that on the question Of
alleged conspiracy existing between
the plaintiff and Florence H. Leeds, to
deprive the infant Guy Of his birth
right he should be allowed to prove to
the utmost detail the charges Of mis-
conduct.
~ should also be allowed to prove"
said Mr.. Mack, chat the child Jay
! Leeds is their child; that for almost
five years the plaintiff supported Mrs.
Leeds in the greatest luxury. buying
her motors and establishing bank &C
counts In her own and the child's
name; that their relationship was sub
stantially that of man and wife, and
that their relations have continued sub
sequent to the commencement Of this
action and practically up to the pres
cnt time"
The referee said that this matter
being addressed entirely as to his dis
erection the defendant should proceed
for the present with her case.
This tacit admission of the charges
brought against Mr.. Stillman in the
affirmative defense of his wife is taken
to indicate that he no longer hopes to
win his divorce suit, and that the deter
mination of Guys legitimacy is the
paramount issue.
The morning session was devoted to
legal argument. Mr.. Gleason sustained
his ruling that Mr.. stillman should
not be allowed to answer the three
questions put to, him by. Colonel Rand
as to whether he told his wife's at
torneys that he was willing she should
sue him for divorce. Another victory
for the defense was the referees rul.
ing on Mr., Mack's motion that twenty
five more pages of Hugh L. Russell's
testimony be stricken from the records.
This practically grasses it entirely: :.
+ The objection Of Mr.. Mack and Mr..
Brennan to certain questions Mr.. Still
man answered when on the stand as to
the knowledge and belief he had Of the
charges against his wife as far back as
1917 was overruled by the referee.
Eugene Dutton, cashier of the
United States Mortgage and Trust
Company, Seventy-ffth Street and
Madison Avenue, testified that in De-
cember, 1916, he was summoned by
James A. Stillman to the National City
Bank and was then asked to open up
bank account in the name of Miss
Florence H. Leeds. The witness pro-
duced piece of paper on which, he
said, the banker had written her name
Mr.. Stillman told him, he continued,
that if her account at any time ran
short he was to notify him, and that
on two occasions subsequently this was
done and the account Immediately was
made good. To the best of his recol-
lection no checks ever were deposited
in the account. In August, 1917. the
account was changed from Miss Flor
ence II. Leeds, Of 10 East Sixty fifth
Street, to Mrs. Florence H. Leeds. of Ga
East Eighty-sixth Street.
Viola E. Hill, nurse employed for
one week in October, 1918, at 81 East
Eighty sixth Street, was handed a pc-
ture of James A. Stillman when she
took the stand and asked if she recop-
nized in him the man known to her
as Mr.. Leeds. Without hesitating. she
said:
That's the man."
Saw Financier in Room
| Miss Hill testified that she brought
the child, Jay Ward Leeds, into Mrs.
Leeds's bedroom for nourishment and
that on two evenings she saw Mr.. Leeds
occupying the same bed. In the morn
ing he was in the ex-showgirls room,
partly dressed, and several times she
saw him enter and leave the apartment,
she said.
Patrick McQuaile, an elevator man ut
Mrs: Leeds's apartment in East Eighty
sixth Street, identified photograph
o. Mr.. Stillman as Mr. Leeds and de-
clared that he and Mrs. Leeds had a
child known as Jay. He frequently
saw Mr.. and Mrs. Leeds together. he
said. Sometimes the father of jaw re-
manned overnight. At other times he
departed in the evening, according to
the testimony of McQuaile. They lived
at this address until the summer of
1920. VI
DR.. James ogilvie, of $40 West 1920
Street, identified photograph of Flor
ence Lawlor Leeds, but refused to iden-
tlfy Mr.. Stillman. He told Of attend
ing Mrs. Leeds in her apartment at Ga
East Eighty sixth Street when Jaw was
born. The Mr.. Leeds he knew, said Dr.
Ogilvie, was bald and had smooth
face. He was of medium build and wa .
IN and out of the place much of the
time. '''e
Grove Thackor cb,,r. ~,