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

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 fixed the fees OF
the referee and the allowances of John
e. Mack, guardian for Baby Guy Still
man. To Mr.! Gleason was allowed his
full claim of $4,000, besides $1,000 for
disbursements. To Mr.. Mack was al
lowed $4,000 for mis- services as guar
dian and s4,9o1.14 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 nad
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. Stiii-
man by Fred Beauvais. for which the
banker paid $4,000. The order. which
was the final step in the denial OF Still
mans appeal for divorce and which re-
affirmed the legitimacy of Guy Stillman'
held that the banker had failed TO prove
the guilt Of Mrs. Stillman, but that Still
man had been proved guilty or miscon-
duct with Florence Leeds.
.With Unclean Hands,"
..The testimony shows and the Referee
has found" the courts opinion says
remarkable situation which required ull-
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 prousnt
an action for divorce against the aoui.
defendant when he well knew mat at
least from 1916 down to the time OF the
commencement Of the action and at least
o;obt months thereafter he was living in
omen and adulterous intercourse with
one Florence Leeds, by whom he haa
two children, one of whom still survives,
and that under no circumstances couid
he succeed as against the adult defen-
dant in the action
Justice Morschauser commenced MI
Mack for the work he had done as guar :
dian for Guy Stillman and declared thae
throughout the case Mr.. Mack had
thought more of his duty as an officer
of the court than about fees. In view OIL
the exceptional services rendered, nc
said. and taking into consideration MI.
Mack's standing at the bar, he ieit tnae
sos 900 was a moderate fee for services
Of two wears requiring almost daily at
tention. -.
With reference to the fees OF the
referee. to which counsel for ,Stillma''
obieAed 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 $50 oay
for each day occupied in the perform
ance of the work. He also pointed cut
that Mr.. Gleason spent las days at tne
work, and held that the time was not
excessive in view OF the lenStn OF ths
case and the voluminous record wmch
the referee had TO read and digest.
{ Defends Guardianship.
c,ounseI for Stillman objected TO the
granting of fees to Mr.. Mack, contend
inc that he was entitled only to his tax
able costs" in the case. Justice Nor
schausers opinion stated:
eft appears to the court that IL cer-
tainly would not be in the interests OF
justice TO refuse to apply the remedial
provision of the practice act and rules
to insure reasonable compensation for
the guardian ad 1tem for his able and
gallant defense of the good name OF the
innocent child and the protection OF his
property interests where the attempt
upon the child was made 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.
ut certainly would not be in the in
terest of justice to turn the guardian
ad Item out of court. after two years
of strenuous work, after successful
defense and after the establishment OF
the child's legitimacy, without any COM
pensation for such services"