New-York tribune., 1922-09-30

intercourse LOOK place at the time OF
such access and meeting.
mo burden is imposed on the plain
tiff to establish that it was impossible
for the plaintiff to have been the father
of the infant defendant, such. burden
never having been imposed on the
plaintiff by the courts of the United
States. The only burden imposed on
the plaintiff was to establish that if
there was access between the plaintiff
and the defendant at or about the COM
mencement Of the CESSATION period,
such access or meeting took place under
circumstances that show that inter
course did not take place on such occa-
sion
1T is claimed by the plaintiff that
curing the period from Christmas of
1917 to March of 1918 the plaintiff was
never at the home of the. adult, de-
fendant at Pleasantville, and that there
was no meeting at any other place
which would have naturally permitted
the usual intercourse between a hus-
band and wife.
Defendants Evidence
"To meet this proof evidence has
been offered on behalf Of the adult de-
1endant that on January and 27 Of
1918 the plaintiff and the defendant
were together at his residence. Mon
dame, Pleasantville, N. Y, and be-
tween the 18th and 26th of February
the adult defendant, with her family,
stayed at the st. Regis Hotel in New
York City, and en- one or two occasions
the plaintiff vas observed taking the
elevator which led to her apartments
and the plaintiff answered telephone
call to the adult defendants apart
ments.. It further appears, without
contradiction. that during all this
period the relations between the plain
tiff and the adult defendant were most
harmonious and pleasant, no proof
being offered or claimed that at that
time the plaintiff and the defendant
tai relations; and in October previous
1t is established that the plaintiff and
defendant occupied room together at
Lake Dawson, at which time the plain
tiff expressed great pleasure at occupy
ing room with his wife; In fact, it
also clearly appears that after the
birth of the infant Guy the plaintiff
and adult defendant were often to-
gether, at which time the plaintiff
played the victrola for the benefit of
the defendant and the said infant, and
their relations then were apparently
most happy and pleasant
Letters Are Convincing
"On the question Of access the testi-
mony Of the witness Clawson, strength
ened by the letters written by him. set
ting forth the fact Of the presence of
the plaintiff at Mondanne, are most
convincing.
"The evidence on the part Of the
plaintiff as to non-access is not salts
factory and does not cinvince me that
no intercourse occurred between the
plaintiff and the defendant at about the
time of the commencement of the usual
period of CESSATION.
"The plaintiff has failed to overcome
the presumption Of legitimacy, and /
man, to be the legitimate child Of the
plaintiff and the adult defendant.
"While the plaintiffs own miscon-
duct precludes the granting Of any re-
lief to him in this action, and while
the adult defendant asks for no afr
native relief, but sets up the miscon-
duct Of the plaintiff as defense only
the plaintiff asks for an adjudication
that the adult defendant is guilty OF
the charges against her and for find
ing to that effect herein.
"The testimony adduced by the
plaintiff in support of these charges
uncontradicted and unexplained, are
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 plaintiff
behalf.
Beauvais Named
at Is claimed that there is evidence
standing to establish intimacy between
the adult defendant and one Frederick
Beauvais, half-breed Indian guide
commencing at Lake .Wyagamack, in
December Of 1918 and continuing down
until the early part of the year 1920
and witnesses are called whose testi.
mony the plaintiff claims establishes
the following misconducts:
an December, 1915, the adult de-
fendant and the said Beauvais SLEPT
together at small club on Little Lake
Wyagamack. =
s'About November 25, 1917 and dur.
ing the week preceding the said date
the adult defendant and the said Beau.
vais occupied a room together in the
Blackburn cottage at Grande Anse.
"In the summer! of 1918 the adul'
defendant and said Beauvais lived
alone and together in the Blackburn
cottage at Grande Anse.
z "In the latter part Of June or the
sforepart Of July, 1919, the adult de-
fendant and the said. Beauvais slept
t0refher In Baauvaissa6 6 oorn at Grand,