New-York tribune., 1922-10-14
Stilllanan Fights
PAYING Referee
In Divorce Suit
Opposes Compensation Of
$2S, 200. Asked by Clea.
spns and of John e.
]. Mack. Guys Guardian
Decision IS Reserved
Banker Objects to the Issu-
aace of Final Order as to
Custody of the Children

Further indication that attorneys fos
James A. S.illnan are to wage finish
fight in behalf of the for7ner bank
president was given yesterday at
White Plains when they appeared be-
fore Supreme Court Justice Mors-
ehauser and opposed the fixing by
the justice of compensation for Daniel
J. Gleason, referee, who decided
against Stillman in his divorce suit
against Anne Urquhart Stillman, and
for john e. Mack guardian Of the baby,
Guy.
Decision was reserved by Justice
Morschauser. Briefs are to be sub
mitted by outerbridge Horsey, of
counsel for Stillman, and John Fs
Brennan, attorney FOR Mrs. Stillman.
Mr.. Gleason, who was represented by
former Justice Isaac N. Mills, asked
$4,000, basing his claim on 14S days
work at $50 day. Mr.. Mack set forth
in his affidavit that his expense had
been S4,301.14, of which sum 81 roo
was paid for stenographic copy of the
testimony Mr.. Mack asked for no
fxed sum. Attorney Horsey declared
the fee of Referee Gleason was tex
orbitant"
Asks Dismissal Of Complaint
Mr. Brennan presented to the court
. formal order which was objected to
kg attorneys for the banker, and which
set forth among other things "that
Mrs. Stillman has not been familiar
with the Indian guide since May /,
1871" It held, further, that Stillman
has lived at various times since Octo-
ebr, 1917, with Florence N. Leeds; that
Guy is the legitimate son of James A.
and Anne Urquhart Stillman, and that
the complaint of James A. Stillman
against Anne Urquhart Stillman be
dismissed.
Counsel for Stillman objected to the
issuance of any final order as to the
custody Of the .Stillman children. Nj.
Brennan insisted that the court pass
upon the question of guardianship.
Justice Morschuser said that he did
not think he had the power to give
decision in that regard.
My own idea," he said, ais that 7
have nothing to do with the children
now. 1890 was no decree of divorce.
The itigants are back where they
started. 1t appears that my only
course concerning the children is to
let them decide for themselves. The
children can go where they wish. I
have no right to interfere at this juno
ture Of the case"
C0mmends Referee
When Attorney Horsey offered OBJ
1eetions to the granting Of the fee
fixed by Referee Gleason, Justice
Merschauser asked how many days had
been consumed in actual trial sessions.
He was told thirty. Former Justice
Mills, in speaking for the referee, said:
II think the referee has given the case
careful and competent consideration.
Three different times the referee
lopened the case for the plaintiff"
Mr. Mack insisted that the court
fcenter its order on the question of
legitimacy of Guy because of the none
tary interests the child now has under
the decision that he is the legitimate
child of Mr.. Stillman.
This infant participates in a trust
.und Of S9,500,000 and in two other
;lnds aggregating $1,000 ,00o," said Mr..
Mack, "and contingent participation in
two funds of S9,6G0,000. That is the
reason we want the final judgment in
his favor passed upon and approved by
fhis court"
Mr. Mack, in his affidavit, said that
he had put into his expense total his
personal travelling expenses, which in
eluded a trip to Canada.
The responsibility on deponent as
guardian ad litem for the infant de-
{endant tGuy) was great" said Mr..
Mack in his affidavit. "Not only did the
legitimacy of the child depend on the
result Of this action, but the receipt by
tne child on the death Of the plaintiff
tseihman) OF the income during his life
OF trust fund amounting to millionsn