The New York herald., 1921-03-13
COUNTER CHARGES
REPORTED LIKELY
IN STILLMAN SUIT
Lawyers Failed to Appear
in Court When Case Was
Called Yesterday.
NO FUTURE DATE SET
John E. Mack, Guardian of
Baby, to Fight Charge
of Illegitimacy.
AIIMONY ARGUMENT SOON
Indian Guide Named by Bank
er Said to Have Worked
Here as Clerk.
ALIMONY ARGUMENT SOON

SlllIman, pTeSIuenL Oh tHc NdlioAdA
City Bank. and Mrs. Anna U. Stillman.
in the bankers action for divorce.
failed to appear yesterday in the Su-
preme Court at Poughkeepsie to ar
que the motion to amend the answer
to the complaint as to alimony and
counsel fees. Justice Morschauser.
who was presiding at the special term
Of the court, had set the time for ar
gument at II o'clock In the morning.
and at that hour the case was called.
Failure Of either side to appear by 8
o'clock In the afternoon caused the
Justice to adjourn the term until 10
o'clock next Saturday morning.
When the Stillrnan case was called
the only person identified in any way
with the action present in the court
room was John E. Mack. formerly Dis
trict Attorney OF Duchess county. He
has been appointed guardian ad Item
by Justice Morschauser to defend the
rights of Guy Stillman. the twenty-eight
questioned in Mr.. Stillman's complaint.
Mr.. Mack was In court In connection
with another matter.
Counter Charges Intimated.
With an absence OF court proceedings
at which It was expected something OF
the details of the case would become
known, the chief development Of the
day was a statement attributed to Mr..
Mack concerning counter charges which
he said were to be filed against Mr..
Stillman and the claim of the banker
that baby Guy is not his son.
Mr.. Mack was quoted as saying that
there will be brought against Mr.. Still
man Ave distinct counter charges of in
fidelity. and that these charges have
been subjected to thorough invcstiga-
tion. He also was quoted as saying tha,
the defence will prove the legitimacy OF
baby Guy.
Justice Morschauser explained that
the non-appearance OF counsel at Pough-
keepsie could not be considered as un-
usual. He said that frequently oppos-
Ing counsel in an action get together
and mutually decide to adjourn an argu-
ment. In such cases. he said. It IS not
required that the court shall be notified
The Justice must await the pleasure OF
the attorneys.
II was regarded as possible last night
that the argument may be heard to-
morrow morning in White Plains when
Justice Morschauser ascends the bench
there. Again. It Is possible that any
other day may be decided on by the
opposing counsel.
No Set Time for Argument.
The possibility that the argumen,
| may suddenly appear on a court caien-
dar was pointed out. inasmuch as the
law does not require that previous
notice be given. And It is just as pos
sible that the attorneys for Mr.. still
mand and his wife may decide to take
the argument before Supreme Court
Justice In some other part OF the State.
This was not regarded as likely, IN view
OF the fact that the motion originally
came before Justice Morscheuscr and.
| therefore, he fs familiar with the case.
II was reported yesterday that the
motion to amend the original answer 70
the suit actually could be considered a
torneys to start a counter action. A
motion to amend the complaint. the
whereabouts OF which still Is "A mystery.
would make II possible. It was said. for
Justice Morschauser to order Surrogate
Daniel J. Gleason. referee in the action.
, to hear testimony in both actions.
Mr.. Mack, as guardian for young Guy
Stlllman. made II clear that whatever
action s taken b. the opposing at
torneys, the suit will have TO be brought
into the open court. He said he pro-
poses to utilize every means in his power
to defend the child against the allega-
tions that are reported 70 be contained
IN Mr.. Stillman's complaint
THE legitimacy OF this child Is cer-
tain until his iliegitimacy Is established
not only by the greater weight of evi-
dencc. but also beyond reasonable
doubt" he said. "a court protects a
child In It's good name with the same
care with which Il protects a person
charged with crime"
Agreed 10 ChfId's Guardian.
Tho appointment OF Mr. Mack as
guardian ad lItem on the applications
u Nichol. Anable, Fuller & Sullivan.
attorneys for Mr.. Stlllman. and Cad
for the bankers wife, also was In ac-
cordance with Section 1850 OF the Code
OF Civil Procedure, which follows in
part:
Where the action Is brought BY
ti.o husband. the following regulations
apply to proceedings:
Il. The Legitimacy OF child. born
or begotten before the commission o;
the offence charged, is.not affected by
a Judgment dissolving the marriage. but
the legitimacy OF any other child OF the
wife may be determined. as one OF the
issues in the action. In the absence of
proof 10 the contrary. the legitimacy
OF all the children begotten before the
commencement OF the action must be
presumed"
Mr.. Mack said hts answer TO the COM
piaint in the divorce action was as fol-
lows
The defendant, answering by guar