The New York herald., 1922-02-05
SETBACK IN COURT
FOR MRS. STILLMAN
Justice Foreshadows Denial of
Application for Commission
in Canada.

Spectdt dispatch TO The NEW YORK HERALD
PouoHKEEPsIE, Feb. 4-The defense Of
Mrs. Anne Urquhart Potter Stillman suf-
fered setback to-day when Supreme
Court Justice Morschauser at first re-
fused. but later took under advisement
for week, an application of her attor-
ney, John r. Brennan. for a commission
to take testimony in Canada The Jurist
clearly intimated that the application
would be rejected. and Mr.. Brennan an
nounced that such action would only
cause delay. indicating .rat he would
taLA an appeal on any unravoraple dc-
cision.
The action of Justice Morschauser
came as surprise to Mrs. Stillman's at
torney. The jurist had granted her an
allowance Of $500 to defray the ex-
penses of a previously named commits
sion, but that grant was upset by the
Appellate Division of the Supreme Court
because Mrs. Stulman had failed to show
the need for the extra money. An af-
fidavit of Mrs. Stillman was attached to
the latest application, in which she said
she was without funds, save for bal
ance OF $500 from January's alimony.
which would about pay the months
bills .
Objects to "Paying Freight"
Attorneys for the banker explained
that Mr. Stillman does not oppose the
holding of hearings in Canada, but he
does object to paying the freight" on
what seems to him to be foolhardy
mission. The lawyers emphasized again.
as they did several weeks ago when
arguing an appeal before the Appellate
Division in Brooklyn, that Mrs. Still
man never has taken the stand to deny
her husbands allegation and that neither
has Fred X. Beauvais, the former guide.
who is named as correspondent. although
he has been within the jurisdiction of
the court several times in the last year.
1t was the lawyers opinion there would
be no need of a Canadian commission to
hear what persons saw or did not see
through a keyhole or window blind II
Mrs. Stillman and Beauvais would take
the stand and deny they were at the
lodge in Grande Anse. Quebec, when
the alleged intimacy is supposed to have
taken place.
Almet F. jerks, formerly presiding
Justice of the Appellate Division.
argued for Mr. Stillman.
1--WE oppose it, he said. after Mr..
Brennan had completed reading the ap-
plication.s THE only grounds for this
motion are reports and runors and
communications such as have been eX-
plotted and exploded in the past. The
general rule is that a court shall not
appoint a. foreign commission unless it
is necessary and material. The affi-
davits show that the defendant in this
case (Mrs. Stillman) is relying on the
testimony of unnamed and unknown
persons. 1t is hearsay piled on hear
say.
Questions Her Good Faith.
"The attitude of the defendant also
raises the question of her good faith.
A year and thirteen months have
passed since the defendants counsel
first went to Canada and heard these
alleged reports. Now at this hour.
after $l2500 has been given for tho
Canadian hearings. they appear ask
Ing for further expenses"
Mr.. Brennan interrupted to say that
appeared in the application and that
the expenses of the commission had
been fixed definitely at $3.50. The
original request was for $4,000, but this
was trimmed down to $500 by Justice
Morschauser on the occasion of the
last application, and it was ultimately
6isalowed by the Appellate Division.
''Mr. Jenks's objection is well TAKEN"
Justice Morschauser said. Tt is a Sc
rious point that has been raised. If It.
is legally right, and think 1t Is, will
have to decide that way. Mr.. St.llman
has the right to be informed Of the ma
ture of the testimony. I deny your mo-
tion, Mr.. Brennan"
It was here that Mr.. Brennan slid an
adverse decision would only suse de-
lay. Cornelius J. Sullivan, chief counsel
for the banker. said the Canadian COM
mission would have been oppcsed last
December when it was asked for origi-
nally If 1t then was known that Mr.
Stilman was expected to paw he exc
pense. To this Mr.. Brennan repi.od that
Mr.. Stillman's main objection vas the
expense. Appeals have no terror for
me-" he added. 1T is a practice that
goes TO the rich.''
II win wait until next Sa.ur .sy be-
fore formally announcing my decision
Justice Morschauser interposed nut II
feel the same way then that Go now
and I think I shall-I will deny the
application"
Mr.. Brennan was the only lawyer rep
resenting Mrs. Stilman's sida Of the
case In court. John z. Mack, guardian
for Guy Stillman, the baby whose pa
ternity Is questioned in the suit Is i'll
at his home in Arlington, a suburb of
Poughkeepsie.