The New York herald., 1922-10-05
Bankers Last Recourse
Will Be to Take Case to
Appellate Division.
MOTION NOT EVEN ARGUED
Guardian for Baby Guy Rises
to Join Discussion at
White Plains.


last word on the Stillman case will
be uttered to-day, he announces. AS
matters stood in his court at White
Plains yesterday, after lawyers for
both sides had subsidized the Justice
probably will approve the report of the
referee, in which Mrs. Stillman won a
wholesale victory and in which her
husband lost every point.
The Justice refused to grant Will
lam Rand's request that the findings
of the referee be set aside and he re-
fused TO accede to John f. Brennan's
demand that the findings be approved
and made final. He announced that
he would review the testimony and ex-
hibits and. before Friday, render de-
cision on Mr.. Brennan's request. But
he refused definitely to set aside the
decision that gave everything to Mrs.
Stillman.
Therefore it is expected that his
decision will be no more than few
brief remarks of approval of the ver-
dict, thereby leaving Stilman one more
move and only one-recourse to the
Appellate Division, which. according
to the bankers lawyers, will be taken.
Explosions Threatened.
The proceedings. while brief. threat
ened explosions. At the outset Mr..
Brennan. Mrs. Stillman's chief of coun-
sci, began asking an approval of the
decision Mr.. Rand interrupted, saying
1t was his privilege to speak first. Mr..
Rand asked that the decision be set
aside and gave Justice Morschauser a
typewritten copy of his reasons. The
Justice began reading.
'I had thought to read it to the court" F"
began Mr.. Rand, Out"
Motion denied" said the Justice,
flipping over the last page.
without my being heard?'
"The motion is denied"
"weli, II your Honor feels that way
about it. I'm not in the habit of
arguing cases that already have been
decided"
IF you desired to argue you should
have said So" said Justice Morschauser.
Mr.. Rand accepted so meekly that
Isaac N. Mills. associated with Mr.. Bren-
nan. evidently interpreted ii as possible
point of technicality on which Mr.. Rand
might gain something before the Appel
late Division. So he assured the court
that he and his colleagues for Mrs. STILL
man would regret very much If Mr..
Rand were not heard.
Guardian Takes Hand.
Mr.. Brennan, too, declared himself
anxious to listen to Mr. Rand, but Mr.
Rand said that he had nothing further
to sdy other than that he would present
the court with few affldavits support
Ing his motion. 1t was delicate situa-
ton, and John +. Mack, guardian ad
Item for Guy Stillman, the baby in the
case, let ii be known that he was sorry
to see trouble looming, but wanted to
be sure that little Guy wasn't involved.
-. Mack was ready to cut loose and
move independently that that part of
the decision affecting his small client
be approved anyway.
However. that wasn't necessary. The
court got around the obstacle by saying
that Mr.. Rand's motion was denied. but
that before approving the referees de-
cision he would review the whole case.
Thereupon he locked himself in his
chambers and let It be known that it is
possible he will render the withheld half
OF his decision to-day.
Mr.. Rand's objections to an approval
OF the verdict was technical except In
that twas his opinion that the whole
testimony was against the decision AS
far as the technical points were con-
cerned he said that two pending motions
made any action by Justice Morschauser
yesterday impossible. He cited the fact
that he had agreed to argue the mo-
ton in Nyack on Saturday and said
that he h. d not been given sufficient
legal notice OF the argument in White
Plains. The Justice let 1t be known
that yesterdays proceedings made Sat-
urday's unnecessary.
Guy Stillman. the baby. is almost en-
tirely well again. according TO Mr.
Mack He still is with his mother In
Three River-. Q' ebec. Just when the
case will come IN for final argument
before the Appellate Division cannot be
predicted.