New-York tribune., 1922-10-25
Mack Awarded
$4,000 as Aid
ToGuy Stilln,an
Morschauser Hands Down
Final Decision Upholding
Bankers Wife; S22, 600
Is Given to Gleason
Father Is Scored Anew
Court Has High Praise for
Cuarslian's Economy, Pro.
lection of Chiid's Name

Supreme Court Justice Morschauser,
In final decision flied last night ut
White Plains, sustained the report Of
Referee Daniel j. Gleason, who decided
against James A. Stillman in his di-
vcrce suit against Anne Urquhart Still
man, and fixed the compensation OF
Referee Gleason and of John E. Mack,
guardian ad Item for Guy Stillman,
now nearly four years OLD.
Referee Gleason, who held that Mrs.
stiilman was not guilty. Of charges
and held her son, Guy, to be legiti-
mate, will get S22 200 as his fee, the
amount he asked and s1,7e0 for ex-
penses Mr. Mack, who asked for no
specific sum for his services, will get
$4,000. he also is allowed s4,s01.14,
the amount he claimed for disburse~
ments.
Justice Morschauser's original deci.
sion setting the seal of his approval
upon the referees report was handed
down October 6. The decision fled last
night closes the case as far as the
White Plains court is concerned. In Ak
ing compensation for the referee and
guardian, Justice Morschauser com
nents favorab'y upon the work Of both.
Defended Innocent Child's Name
He commends Mr.. Mack for what he
calls an "able and gallant defense Of the
good name Of the innocent child" and
also for his "m oderste disbursements"
Regarding the work of Referee Glea-
son he says:
"The referee has performed his serv-
ices. against which there is no charge
Of fraud or collision. He is entitled
TO the claim made by him for the 1aS
days actually and necessarily taken
up in the business Of the reference
In referring to merits of the case
itsels the Justice said:
"The p aintif came into court with
anclean hands" because he chad been
living in adulterous intercourse with
one Florence Leeds, by whom he has
two children"
The deci~ion, commenting further
upon the case itself, gays that the
testimony shows "that sinister infu-
ences brought about the introduction
If testimony against the defendants,
which was untrue and without founda-
tion in fact, and that promises of con-
siderable sums Of money, of clothing
and of employment we're freely made
Vi the plaintiff to secure testimony
against the de@e-dc~ts."
The Justices decision as TO the al
iowance Of compensa ion to Referee
Gleason and Mr.. Mack, reads: ''rhe
plaintiff asserts that the only compen-
alton that can be allowed to the guar
dian ad Item is taxable costs and that
no other allowance can be made to him.
The guardian has filed al affidavit
showing his services and disburse-
ments. No criticism of this affidavit
has been made by the plaintiffs coun-
sci.
Denial Would Mean Cash Loss
"The taxable costs is clearly insult
cient compensation for the services of
the guardian ad Item. II only those
costs we're allowed him, he would be
obliged to sustain the loss OF S4,901.14,
actually and properly disbursed by him
in the protection of the rights of the
this, the plaintiff still asserts that
there is no warrant In law for making
10 the guardian ad litem any allow
ance, either for actual and necessary
disbursements or compensation, other
than e taxed bill of costs. If the
plaintiff were correct in this conten-
tion the guardian would not be com
pensated for two years Of valuable
services in protecting the ward of the
COURT ana WoutG lose uOoI oA tne
moneys expended by him.
at appears to the court that it GER
tainly would not be in the interest of
Justice to refuse to apply the remedial
provisions of the practice act and rules
to insure reasonable compensation to
the guardian ad htem for his able and
gallant defence of the good name of
the innocent child and the protection
Of his property interests, where the at
tack upon the child was by parent
who sought, not only to deprive him Of
his good name but of all participation
In large trust funds created by the will
of the grandfather Of the child.
Macks Economy Praised
at certainly would not be In the
interest of justice to turn the guardian
ad Item OUT of court, after two years
Of strenuous work, after the ternlina-