The New York herald., 1922-10-25
JUSTICE APPROVES
STILLMAN'S DEFEAT
Confirms Denial of Divorce
and Establishes Baby Guys
Legitimacy.
UPH0LDS COUNSEL FEE
M0rschauser Praises Guardian
and Awards Him $4,000
for Services.
uPHoLDs COUNSEL FET

Joseph Morschauser, Supreme Court
Justice in White Plains signed yester-
day the final order confirming the report
of Daniel ]. Gleason. referee In the Still
man divorce case.
At the same time he fxed the fees OF
the referee and the allowances of John
e. Mack, guardian for Baby Guy Still
man. To Mrl Gleason was allowed his
full claim of $4,000, besides sl,7oo for
disbursements. To Mr.. Mack was al
lowed $4,000 for his services as guar
dian and s4,901.14 for disbursements.
Mr.. Mack had made no claim. saying nc
would permit the court to AK the amount
Justice Morschauser spoke OF the sin
lister attacks" made BY James 4. still
man upon the infant, Guy Stillman, ana
upon Mrs Anne U. Stlllman. II had
been shown, the order said, that still
man was willing TO spend money TO 'pur-
chase evidence" referring to letters al
legged to have been written to Mrs. Stlii-
man by Fred Beauvais. for which the
banker paid $4,000. The order. wnich
was the final step in the denial OF still
mans appeal for divorce and which re-
affirmed tine legitimacy of Guy Stiliman'
held that the banker had failed TO prove
the guilt of Mrs. Stillman, but that Still
man had been proved guilty OF miscon-
duct with Florence Leeds.
.syyith UncIean Hands"
'DThe testimony shows and the Referee
has found" the courts opinion says. a
remarkable situation which required un-
usual alertness. industry and activity
on the part of the guardian of the chiio.
Tho plaintiff (Stillman) came into court
with unclean hands, because he brought
an action for divorce against the aoui.
defendant when he well knew that at
least from 1916 down to the time OF the
commencement Of the action ana at least
eight months thereafter he was living IN
open and adulterous intercourse Win
one Florence Leeds, by whom he had
two children, one Of whom stiii survives,
and that under no circumstances could
he succeed as against the auutI osAeh-
dant in the action"
Justice Morschauser commended MT.
Mack for the work he had done as guar
dian for Guy Stillman and declared tnat
throughout the case Mr.. Mack nau
thought more of his duty as an officer
of the court than about fees. In view OIL
the exceptional services rendered, ne
said, and taking into consideration MT.
Mack's standing at the bar, he felt that
$4,000 was a moderate fee for services
OF two years, requiring almost daily at
tention.
With reference to the fees Of the
referee, to which counsel for >Stilimaa
objeoed on the ground that they were
! excessive the court pointed out that III
open court before trial 1t was stipulated
that the referee was to receive sl5o day
for each day occupied in the perform
ance of the work. He also pointed cut
that Mr.. Gleason spent las days at the
work, and held that the time was not
excessive in view of the length OF the
case and the voluminous record which
the referee had to read and digest.
Defends Guardianship.
Counsel for Stlllman objected TO the
granting of fees to Mr.. Mack, contend
ing that he was entitled only to his tax
able costs in the case. Justice Nor
schauser's opinion stated:
1T appears to the court that 1t GER
t,i II ,pa1,ld r1nt ha in the interests of