New-York tribune., 1921-04-02

against her and sucn acts arc support
ed by affid~vits Of different persons
She does not seek n divorce, but pleads
ecrin1ination against the defendant as
a defense.
"lf the acts and conduct as charge 4
against each other are sustained
neither will be entitled to a decree.
III these charges are established
plaintiff and defendant will find them
selves in the same position as before
the commencement Of the action, ex-
cept that they will have had their day
In court or perhaps several DAYS, as to
matters affecting them, and this all
means time, labor and expenditure of
money
lhe children must be maintained
and the defendant must be maintained
and supported in manner correspond
ing to her rank and position and the
fortune Of her husband. We must
look. to all the circumstances of the
palTlcular case, in order to award
what IS fair and just between the par
tles, tor no two cases are alike.
The charges against the defendant
are very seIlous and momentuous and.
If sustained. the consequences would
be very serious to her future. even If If
she should succeed in sustaining the
charges against the plaintiff. This
case is OF great Importance to her
IT Is her right to make vigorous cf-
lort TO meet the proof that nav be
presented against her and to present
ner defense. not onlyAfor herself. but
Tor the interests OF her children.
>, Aside from these considerations.
'hcre Is one person in this case who is
so young and innocent as not to un-
oerstaId what this action is all about
ana Will not understand until he comes
10 an age OF understanding. If plain
.tif is successful against the child. the
enid VIII bear stain that cannot be
erased and for which he is not re-
ssponsihle. The plaintiff seeks to do
that which he believes is his duty to
himself and his children. The plain
TN having challenged the paternity Of
the child. the defendant comes to its
protection and to the defense of its
legitimacy. This is her duty if she is
r,ghe IN her claim. She vigorously
chahn'ons the child's cause, and this is
expected from any mother.
Our law in its wistom provides for
the care and protection Of those who
cannot orctect themselves, especially
II, 1lntancs and those of tender years.
There is such an infant in this case.
The infant is made defendant and his
paternity is questioned. The courts are
charged with the duty of protecting t..
In tn case the infant is represented
by an honored and eminent member Of
the bar, Who will protect the infants
interest and give the best that is in
him, bringing into play all the learning
and ability that the law expects from
one placed in SUCK q position of trust.
The interests Of the defendant and the
infant in this case are to great ex-
tent the same The contest means n,urb
and no mistake should be made. 1t
shou't not be permitted to be made.
"Litigation is expensive and trouble
some and such litigation as is antici-
pated in this case means the bringing
OF many witnesses from many places
and long and protracted trial. 1t
should not be said that all were not
heard who should have been heard. All
THIS means money and time, labor and
effort. Proper provisions must be
made to meet the conditions presented.
!. believe the counsel fee should be IL
lowed in the sum of 5000 and
$12.50O be allowed for expenses. Dur
ing the pendency of the action the de-
fendant and the children-and this in
cludes the infant herein attacked -
must be provided for The children,
except the infant herein. are of suf-
ticient ago to determine with whom
they detire to reside during the Len
dency of the action. Their preference
should atrol IN the circumstances
now presented. While the children are
with the mother and in her charge, shc
must provide for their schoolinp and
other necessary expenses. believe
to meet the conditions, the alimonv
should be allowed n the sum OF $500
per month" T'