Evening journal., 1922-09-29

ed to the referee that no denii
would be made of these charge
and upon the uncontradicted proc
find that the plaintiff has live
with one Florence H. Leeds from tn
Iyear 1916 to at least the early par
of 1921.
"As to the charges regarding on
Clara and one Helen no proc
was offered as to Clara, but Will
there is evidence that the plaintiff
occupied a stateroom in his zach
with one Helen no proof has beer
offered that the said Helen was no
the adult defendant herein and
find the charges as to the said Clara
and Helen not proved.
"A more serious question is pre-.
scented as to the legitimacy Of thu
infant defendant. Guy stillman.
"As the infant defendant. Guy
Stillman, was conceededly born in
lawful wedlock, the burden of es-
Publishing his LEGITIMACY is upon
the plaintiff and the plaintiff must
establish such LEGITIMACY by clear
and irrefutable proof and beyond a
reasonable doubt.
1.-THE presumption OF fact OF legi-
timacy is one of the strongest
known to law end. Of course, it can
not be overthrown except by evil
dence which Is stronger. The bur
den Of proof is upon the party as
sorting LEGITIMACY.
1.-The plaintiff apparently realiz-
ing the burden imposed on him by
law, has sought to establish by a
considerable number of witnesses
that between Christmas OF 1917 and
March Of 1918. the plaintiff had no
meeting with the defendant
mo burden is imposed on the
plaintiff to establish that It was I'M
possible for the plaintiff to have
been father of the infant defendant
such burden never having been Inn
posed on the plaintiff by the courts
OF the United States. The only
burden imposed on the plaintiff was
to establish that II there was a meet
ing between the plaintiff and the de-
PENDANT that such access or meet
MS NNOh HAaNt itA tam
stances.
1T IS claimed by the plaintiff
(Stillman) that during the period
from Christmas OF 1917 to March OF
1918 the plaintiff was never at the
home OF the adult defendant (Mrs.
Stillman) at Pleasantville and that
there was no meeting at any other
place.
ITO meet this proof evidence has
been offered on behalf OF the adult
defendant that on January 9Th and
January 27th of 1918, the plaintiff
and defendant at his residence Mon
dame" Pleasantvile. n. Y. and be-
tween the 18th and 26.h OF February
the adult defendant with her family,
stayed ct the 81. Regis Hotel in New
York City and on one or two occa-
slons the plaintiff was observed in
the elevator which lead to her apart
ments and the plaintiff answered a
telephone call to adult defendants
apartment. 1t further appears,
without contradiction. that during
all this period. the relations between
the plaintiff and the adult defendant
were most harmonious and pleasant. /
no proof being offered or claimed
that the plaintiff and defendant
were not carrying on their usual
marital relations and in October pre-
vlous, It Is established that the plain
tiff and defendant occupied a room
together at Lake Dawson, at which
time he plaintiff expressed great
Al 81 !,
his wife; In fact, Il also clearly ap-
pears that after the birth of the in
FAINT Guy, the plaintiff and adult de-
PENDANT were often together at which
times the plaintiff played the vic
troia for the benefit of the defendant
and the sal dinfant and their rela-
tions then were apparently most
happy and pleasant.
ION the question OF access the
testimony OF the witness Clawson
strengthened by the letters written
by him, setting forth the fact of the
presence of the plaintiff at Mon
dame are most convincing.
The evidence on the part OF the
plaintiff as to non-access is not sat
isfactory; is not satisfying and does
not convince me.
THE plaintiff has failed to over
come the presumption of legitimacy
and therefore l find the. defendant,
Guy Stillman, to be the legitimate
child OF the plaintiff and the adult
defendant.
while the plaintiffs own miscon-
duct precludes the granting OF any
relief TO him in this action. and
while the adult defendant asks for
no affirmative relief but sets up the
OF the plaintiff as de-
Tense. the plaintiff asks for an adj
jud cation that the adult defendant
Is guilty OF the charges against her |
and for a finding to that effect here !
in.
THE testimony adduced by the
plaintiff in support OF these charges, |
and unexplained. is |
sufficient to Justify him In believing /
her guilty of the charges made |
against her. A careful examination, !
however, OF all the testimony has
shaken my faith and belief in the
testimony Of the witnesses called in |
the plaintiffs behalf.
1T is claimed that this evidence
tends to establish relations between
.he adult defendant and one Fred
arick Beauvais a half breed Indian
guide commencing at Lake Wyaga-
mack in>DeceInber of 1915 and con-
iinulng down until the early part OF
he year 1920 and witnesses are
Jailed. whose testimony the plaintiff
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