New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-07-12
stillr1lall Wins
7 of 9 Points
Against Wife
Referee Admits Testimony
of Bankers Non-Access
Prior to Birth of Cuv
and Honey Dearest Note
Ruling Safeguards Child
Lawyers Insist Charges of
Misconduct Are Proven:
Hearings On Tomorrow
Special Dispatch to The Tribune

pouGHKEEPSIE, N. Y, July IL
lanes A. Stillman scored heavily in
.he action brought against his wife
end the infant Guy with a series of
,ulings handed down to-day by Referee
Daniel j. Gleason. They were re-
esrded as an unexpected and smashing
blow at the defense of Mrs. Anne
Ilrquhart Stillman in the divorce suit.
Seven out of nine demands submitted
by the plaintiff at the last hearings
here were conceded by the referee.
His findings are further taken to in
sieate two things, 1t was learned au-
thoritatively tonight.
i. That so far as the plaintiffs side
n the case is concerned the non-access
contention has been satisfactorily
proven.
misconduct against his wife have also
been proven.
defense presents its side it may be
strong enough to counterbalance the
evidence which has been submitted TO
the referee, but as the case stands,
Mr. Stillman would appear to have sub
stantially proved his major conten-
tons, lawyers say.
"Honey Dearest" Letter Admitted
Referee Gleason has definitely ad-
mitted to the records the "fIoney
Dearest" letter dated May 20, 1918. 1t
was thrown out at the recent HEARINGS
on the ground that Bernard and Mary
Kelly, servants at Pleasantville, con-
tradcted each other on the evidence
on which it was admitted. The referee
reverses his previous decision and ad-
mits this missive.
He also irrevocably admits the
rolled oats and bacon missive dated
February II, 1919. It was held on the
records only on the basis of present
proof" These two documents, alleged
to have been written to Mrs. StMlman
by Fred K. Beauvais. correspondent,
are regarded as perhaps the most
damaging evidence against the de-
fendant.
They will remain on the records in
solar as they affect the alleged in
fidelity of Mrs. Stillman, but cannot
be used as q weapon of attack on the
legitimacy OF Guy, the referee rules.
The decision which upholds the con
tertion OF MIR. Stillman that he was not
With his wife at any time during a
fixed period prior to the birth Of GUY
in November, 1918, is contained in the
referees admission of the evidence Of
Mrs. Percy A. Rockefeller that Mrs.
Stilman told Mrs. Rockefeller over the
telephone that her husband "never
came near her and would have nothing
to do with her"
Mr.. Gleason rules that this evidence
must remain on the records upon the
issue of infdelity, but not on the
legitimacy issue.
The referee sent COPIES of his rulings
tonight to Colonel William Rand j.,
who submitted the motions; Cornelius
]. Sullivan, counsel for Mr.. Stillman;
John t. Mack, guardian ad Item for
buy; John F. Brennan, chief counsel
Tor Mrs. srillman, and Abel 7. Smith,
Associate counsel. They are the first
motions of major Importance to be
passed upon since the suit began and
are virtual summing up Of the plain
u1s side of the case. There can be no
reversal of the referees decisions save
through the Appellate Division OF the
Supreme Court.
Points Won BY Stillman
The seven points sustained by the
referee are these:
~ "All of the evidence in the record
record showing or tending to show
adultery of the adult defendant with
Beauvais, whether before or after the
conception of the infant, is offered
upon the issue Of legitimacy as well
as upon the issue of adultery. 1t is
conduct upon the part of the adult de-
fendant following evidence of non