The New York herald., 1921-04-09
PART OF ALIM0NY
PAID BY STILLMAN
Check for $62,5O0, Which
Also Covers Fees, Given
to Lawyers.
APPEAL rs STILL OPEN
Bankers Counsel Asks for
Speedy Trial of Di-
vOrce Suit.
BABY GUY AT HEARINGS
Efforts Now Being Made to
Agree on Date-Wife to
Submit Letters.
BABY GUY AT HEARINGS

James A. Stillman's lawyers visited
Mrs. Stillman's lawyers yesterday and
presented a check for $62,500 and no.
tice that they intended appealing from
Justice Morschauser's ruling that
made the presentation of the check
necessary.
The $62,500 represents two months
alimony (s7.50o a month"; and counsel
fees of $4,000 and $12,500 for ex-
penses. Delaney Nicoll and Cor
nelius J. Sullivan, representing Mr.
Stillman, did not file notice of appeal
with the Appellate Division. They
merely informed Mrs. Stillman's at
torneys that they hadn't abandoned
the idea of appealing and that they
would take that step unless celerity
was shown in getting the case back
before Daniel j. Gleason, the referee.
The money was paid to Cadwalader
Wickersham & Taft, attorneys of rec
ord for Mrs. Stillman, and with the
check went a letter which read:
I'VE beg to hand you herewith our
check for s62.500 to cover payment for
temporary alimony and counsel fees
specified by order of the Special Term,
dated April 4, 1921. We make this pay
ment without prejudice to our right to
appeal from the order within the thirty
days allowed by law.
Urges Prompt Trial.
Our client desires a prompt trial of
the issues and is not disposed to fur
rish any excuse for delay by staying
the proceedings pending an appeal. For
this reason, also, he makes payment
now Of the several instalments Of coun-
sci fees and expenses in advance OF the
dates fixed in the order
I'VE. therefore, propose. in accord
ance with the terms of the order and
opinion Of Justice Morschauser, that the
hearings before the referee be resumed
on Wednesday, April 20, at 1880 o'clock
in the forenoon. AS at present advised.
we shall not exercise our right to appeal
unless we are convinced that there Is
no probability Of trial at a reasonably
early date.
May we ask that you advise US
promptly If the above date is satisfac-
tory, SO that in the event of our being
unable to agree. we can apply 10 the
referee to fix a time for the resumption
Of the trial?'
Edward Quinn. as emmissary OF Mr..
Sulivan's, went TO Pcughkeepsie and
conferred with John l.. Mack, guardian
ad litem for Guy Stillman. and with
Mr.. Gleason. Notice of the proposed
appeal was served on Mr.. Mack. who
sent word to Mr.. Sullivan that as much
as he approved of speedy resumption
of the hearing 1t would be impossible
for him to appear until after April 2o
on account of other legal matters.
May Ask Additional Fees.
At the office of Cadwalader, Wicker
sham & Taft it was said they could not
gree to appear before the referee on
April 20, as suggested in the letter, until
they had conferred with Stanchfield &
Levy and Mr.. Mack. But inasmuch as
Justice Morschauser' order required
the payment CT counsel fees and ex-
penses in full before there could be :
resumption of the referees hearings
the payment of these sums was taken
by Mrs. Stillman's attorneys to mean
that Messrs. Nicoll and Sullivan pro-
posed to force matters and check the
activities of Mrs. Stilman's detectives.
It Is understood that Mrs Stillman's
lawyers will ask the court for $500 ad-
ditional counsel fees IL Mr.. Stillman
appeals.
Where the resumed hearings will be
held Is not agreed upon. 1t is likely
they will take place in New York city,
however. 1t was announced that James
A. Stillman, Jr., was anxious to appear
as witness for his mother. but that
his mother discouraged this. The boy,
Guy, will be present at the hearings in
the custody Of Mr.. Mack.
One Of the most important documents
Mrs. Stillman will offer to Mr.. Gleason
will be a letter written to her by her
husband after Guys birth. In this let
ter 1t Is said the banker refers to Guy
as "our boy" and goes on to tell how
ne had enjoyed long trip he had made
especially to see him. The letter Is said
to be one of several In which the banker
speaks quite tenderly about "our boy
and "our Guy" A year after writing
this letter the banker brought suit
against his wife.
To back up this letter from her hus-
band Mrs. Stillman will produce as wit
nesses nurses and governesses who will
tell how tho banker played horse" In
the nursery with Guy and otherwise
acted as the conventional fond father.