The evening world., 1921-04-01


and TIE expenditure Of money"
This was regarded IS a definite init
nation that unless one or the
other was conscious OF complete
tnnoosnce, further litigation was
futile. But the intimAtion was modi-
lied by the further statement: The
charges against the defendant CMrs.
stillmaEl are very serious and mo-
mentous and, II sustained the consc-
quenoes would be very serious 10 her
future, even Il she should succeed in
sustaining the charges against the
paalntift."
Mrs StillmAn's right TO make a
vigorous defense is acknowledged not
only for her own sake out for the in
tsrests OF her children.
The Court orders that the children
must be maintained as well as their
ug0thar IN the manner to which they
are accustomed Except for Guy still
men. the court says, they are cid
enough to decide for themselves with
which parent they wish TO live, and
the mothers allowance must be sum-
cient 10 care for them when they hre
with her.
The decision ends with an impress
stve assertion OF the rights of the baby
Coy. described az 'one person In this
case 30 young and innocent as not
sh0ut. and win not understand until
he comes 20 an age OF understanding.
n plaintiff Is successful against tho
CHILD. the child will bear a stain that
cannot be erased and for which he Is
not responsible"
Mrs Stillman comes 20 tho defense
OF Guy and his good nhmc, the Court
says, -as Is her duty and this is OK
pected of any mother II ia also the
duty OF the Court, ne adds.
In commenting on tho decision,
John +. Brennan, OF counsel for Mrs.
ShIlman said to-day: while am
not quite satisfied with the counsel
fec A. there has been and will he
gnAht expense In conducting tho fu-
ture motions and the trial. there will
be no appeal on my part" Three
Arms Of lawyers. represent Mrs. still
man
Justice Morschauser has intimatcd
that a separate allowance is to be
dian &c Guy Sullman.
Mrs Stllman's attorneys announced
that as soon rs the alimony order
had bean entered they would submit
a new motion to amend Mrs. still
mans defense by alleging intimacy
between Mr.. Stillman and a woman
other than Mrs. Leeds. whose name
they have not ascertained.
Referee Gleason said that no date
had been fixed for resumins the taxi
ing OF evidence before him.
JUSTICE MoRscHAuER's De
cIsIoN IN FULL.
Tho text OF Justice Morschnuscr's
decision follows:
This motion is made by the de-
PENDANT, Anne Y. Stlllman, for per-
mission TO serve an amended answer
and for alimony and counsel fee. The
plaintiff consented TO the granting OF
the order for permission TO serve an
amended answer. but opposed tho
motion for alimony and counsel ice.
Before deciding the motion, deem
u proper to pass upon the exhibits:
Exhibit "A Tho alleged letter
from defendant to plaintiff and the
exhibits IL to H inclusive, consist
ing OF letters alleged to have been
written by the correspondent TO de-
PENDANT and received by her and
claimed 20 have been delivered sub
sequently to the plaintiff. The de-
PENDANT objects TO the use OF these
exhibits by plaintiff. Section S3l Of
the Code OF Civil Procedure provides
as follows:
sec. sSl. When husband and
wife not competent witness; when
competent husand or wife Is
not competent TO testify against
the other, upon the trial OF on
action, or the hearing upon the
merits OF special proceeding,
lounutu upoH an hltBhN'A w
adultery, except TO prove the mar
riage or disprove the allegation OF
adultery. However, II upon such
trial or hearing the party against
whom the allegation OF adultery
rs made produces evidence tending
10 prove any OF the defenses
thereto mentioned in See. 1858 of
this act. the other party is COM
petent 10 testify in dlsproof of any
such defense. A husband or wife
shall not be compelled, or without
the consent OF the other, II living,
allowed TO disclose confidential
communication made by one to
the other during marriage.
Communications and transactions
between husband and wife were early
recognized as privileged. and neither
could be compelled to disclose what
took place between them and neither
was a competent witness TO testify as
to such transactions or cOmmunlca-
lions Of a confidential nature or in.