Evening star., 1921-04-01
$7,5)OAL|MONY
FOR MRS. ST|LLMAN
Monthly Allowance Set by
Court-$35,0 900 Counsel
Fees-$12,5O Expenses.
By the Associated Press.


POCGHKEEPSIE, N. Y, April l.
Temporary alimony OF $500 a month,
counsel fees Of $35,0o0 and $4,000
1or expenses were fixed today for
Mrs Anne L. Stillman by Supreme
Justice Joseph Morschauser in the
suit for divorce instituted against
her by James A. stillman. president
OF the National City Bank of New
York Mrs. Stillman had asked ali
mony Of $4,000 a month and $4,000
counsel fees.
IN ms decision. the justice ruled
out OF the divorce suit, as confidential
and privileged. the alleged "confes-
sion" letter written to Mr.. stillman
oy mis- wife. He also ruled out let
ters alleged to have been written to
MRS. Stillman by Fred Beauvafs, an
indian guide, who was named in the
bankers complaint as correspondent
and accused of beine~the father 81
Mrs. stillmahs infanssson, Guy.
The decision set forth thaf Mr..
Stfiiman had pleaded recrfminafi tom
IN ner answer to the bankers com:
pant and that both husband and
wne made charges founded upon
an allegation OF adultery"
Opinion Of Court.
husband or wife is not compe-
tent 10 testify against the other on
sucn allegations. the decision said
me justice decided that the affidayits
70 wnicn the letters were appended
contained matters that Mr. Stillman
could not testify to. and it was upon
this ground that the communications
were barred.
referring to the alleged letter writ.
ten to Mr.. Stillman BY his wife to
the ADMISSION Of which her attorneys
ny counsel for the banker. she wrote
in moment of hysteria, duplicating
herself. the decision said:
FROM experience it was found that
far less evil would result from the
exclusion OF such testimony than
rom its admission. 1t may. in indi-
vidual cases work hardship, but the
destruction of confidence between a
husband and wife would cause much
misery and affect the marriage reIa-
ton. This rule is founded upon
sound public policy"
Similar Charges.
Referring to Mrs. stillman's charge
that her hnancier husband is the
father of thirty-month+old son born
to Mrs. Florence H. Leeds" forme,
musical revue girl. the decision said
The defendant has amended he,
duct upon the plaintiff of simila,
character as charged by him against
her. and such acts are supported by
aff1davits of different persons.
she does not seek a divorce, bu,
pleads recrimination against the de.
n a q dnfo
conduct as charged against each othe,
are sustained, neither win be entitled
to a Decree"
"Stpfn" ON CHILD.
Guy Stillman. the infant. whose
legitimacy was attacked by Mr.. Still.
man. and who was named codefendan,
with his mother, will bear a stair
that cannot be erased and for which
he is not responsible il the husband
is successful in his suit" said the de.
cision.
'The plaintiff seeks to do that which
he believes is his duty to himself ant
his children" it continues. The
plaintif having challenged the pa.
ternity Of the child. the defendan,
comes to it's protection and to thu
defense Of its legitimacy. That is hel
duty and she is right in her claim
She vigorously champions the child.
cause, and this is expected from any
mother.
The interests of the defendant ant
Of the infant in this case are to Z
great extent the same. The thre,
Stillman children. other than the in
fant whose paternity is attacked
are of sufficient age to determin,
with whom they desire to reside dur
ing the pendency of the action" Jus
tice Morschauser said.