New-York tribune., 1922-10-07
Referee Upheld, ,
Stillr11a1l Seeks
Another Judge
Barlker's Counsel Will Ask
Justice Tornpkins To-day
to Set Aside Findings in
Favor of Wife and Guy
2 More Appeals Planned
Justice Morschauser Puts
Costs That May Run to
S5OO,OOO Upon Plaintiff

Although Supreme Court Justice
Joseph Morschauser set the seal Of his
approval yesterday on the findings of
Referee Daniel J.. Gleason in favor Of
Mrs. Anne Urquhart Stiliman and her
baby, Guy, at least three minor actions
are on the schedule Of the Supreme
Court before James A. Stillman seeks
he Appellate Division, or. if necessary
ss last resort, the Court of Apeals.
Cornelius J. Sullivan, counsel for the
banker, will appear before Supreme
Court Justice Arthur S. Tompkins In
Nyack to-day to plead on the motion
that the findings of the referee be set
aside, John +. Brennan, counsel for
ars. Stillman, will be present to op-
pose the motion.
A second motion, filed at Poushkeep-
sic by John E. Mack, seeking confirma-
ION on Guys behalf, will probably be
aropped in view of the announcement
81 Justice Morschauser's finding in
savor Of Mrs. Stillman and the child.
Next Friday counsel for the defend
ant will submit to Justice Morschauser
sor his signature copy Of the formal
Judgment recording the opinion handed
town by him at White Plains yesterday
'ind assessing the costs of the action
gainst Mr.. Stilfnan. Az the same
sime arguments are scheduled on the
question Of fees for the referee and
tor Mr. Mack. The question Of allow
2nces for Mrs. StiIlman's costs will
o&s r =
me case so far range from $25O,O0o
60 S50o,000.
In confirming the findings Of the
rreferee Justice Morschauser allowed
Mrs. Stillman costs in the case. Appli-
eaton for confirmation was made
earlier in the week. At that time the
Judge indicated that he was. willing
to confirm the report Immediately, but
counsel for the defense requested that
he study the papers in the case; so that
he decision could not be set aside
later on the ground, that the court had
rot studied both the report and evil
dence. The decision of Justice Nor
Schauser ceads:
THE learned referes In this case
found, decided and reported that the
testimony did not justify finding Of
adultery against the defendant. Anne
U. Stilman, and also that the defense
OF the plaintiffs adultery was estab-
lished, and also that the infant de-
fendant, Guy Stillman, was the leg;ti-
mate child Of the plaintiff and the de-
fendant, Anne U. Stillman.
"On this motion I have examined
the testimony and the exhibits in this
case, taken and produced before the
referee, besides his findings, decision
and report. I also have examined the
briefs submitted by the respective
eounsels on this motion. The findings,
decision and report of the referee are
justified y the testimony presented be-
for him. and. I believe, properly dis
posed of the case.
"The motion granted. The Judgment
should provide for costs to the de-
fendant.''
An appendix to the decision reads:
IF the referee and the guardian ad
Ntem desire to present any afidavits
as to fees and allowances, such may
De considered and determined when the
form of the Judgment is presented for
signature, on notice to the respective
attorneys and with service Of copies OF
such aff1davits upon them in advance
When all the odds and ends Of iiti
CATION that still remain have been
cleared away, 1t is almost certainty
that Mr.. Stiilman will appeal. Mr.
tiff would have thirty days from che
date Justice Morschauser signs the
final Judgment in which to file an ap
peal. Outerbridge Horsey, counsel TO,
MIR. Stillman, was Of the opinion thai
the period was sixty days. Mr.. Bren
nan thinks that the 100000 year ali
mony allowed Mrs. Stillman during the
litigation will be continued if an ap
peal is filed. Mr.. Hcrsey, on the Other
hand, said he thought 1t terminated
with the signing Of the Judgment, ant
that Mrs. Stillman would have to make
new application for alimony pending
decision on the appeal.