The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-30
MRS, ST|[[NAN WINS; BABY GUY
DECLARED LEGITIMATE AND HEIR

Mrs St!:lman guilty - Tho charges
madc aGains, her"
~ careful examination. however. OF
all the testimony" sad his report. mas
shaken my faith and h"ltct IN Ia" test-
IRONY Of the witnesses called in tho
plaintiffs behalf"
Child Retains Rights.
Through his mothers victory. ,Tuy
Sl!itman retains his rights as an heir
with his two brothers and hts sister 10
the $4,000. 600 trust fund created Tor
them by their grandfather. the late
James Stillmau.
In conclusion. L was recommended
tina. the plalrurts complaint should be
dismissed.
Must be Confirmed.
The referees report Upon motion py
Justice Morschaus"r for continuation
or rejection. 1t is expected that Justice
Norschauser will uphold the findings or
Mr.. Gleason.
the report. "as IL clearly appears Win
out contradiction that since at least as
early as 1915. and ever since that date.
during the continuance OF this action
and down 20 AZ least March. 1871. the
plaintiff has been Intimate with a
woman not his wife. known as Florence
II. Leeds has supported and maintained
her as his wife In various places and In
various apartments; that during the
period she has given birth 10 TWO chlt-
dren who have been recognized by MIN
az hic children. that he has supplied
her with motor cars ana jewclry. sup
Piled her bank account and has oorne
Tho same relations with her as man
ordinarily bears To his wife
Guilty Of Adultery.
The proof on this subject 3.
overwhelming and convincing
and urcu the uncontrolled proof hnd
thai The p,aintiff has been guilty or
adultery with one Florence u. LEEDS
ard has lived In aduIterous intercourse
with her from tho year 1915 to At least
the carly part Of 1921.
\ large part rt the report was de-
voted 10 discussing Nh SuUman's e.
tort 10 show he could not have been tho
father Of Guy Stillran and 20 the test-
,nony .: his witnesses. that they saw
Mrs. S;!IIman md Beauva!s misconduct
In. themselves IN the months preceding
the infants d. in 1918 At various
places. t.cludinS the Stillman summer
lamp c,r tho banks os the st. Maurice
river IA Quebec. and on the hanker's
country estate in the Pocantico Hills.
Proof Must be Clear.
AS the infant defendant Guy still
man was conccdcdly horn in lawful we'd
lock. the burden ~ establishing his
ilicg!,imaCy is upon the plaintiff ana
the plaintiff: muSt establish such
!lilGit.mary by clear and irrefNtable
proof and beyond q reasonable doubt.
the report said.
"Th" presumption of fact OF leEi;t-
r,arv Is one Of the strongest known TO
Nv and OF course Il cannot 10 over
thrown excep, by evidence which Is
stronger. The burden Of proof Is upon
the parry asserting illcgltmacy and the
rule in "A case Ike the present one has
bee, declared :ha' I must he shown be-
Ill Gt.lpt tl1t the hlS-
band could not have been the father OF
tho child.
! MIR. Stllman. the report continued.
'.apnarantiy realizing the burden Imposed
on him by law" had sough, by num-
her % witnesses 10 prove that MS rc'a-
lions with Mrs. Sti!lman between Christ
mas o. 1917 and March or lYlS Guy
wag born in November. 1879 nrccludcd
tho possibility that he could have been
The father