The New York herald., 1922-06-13
Untermyer Hints at Posi-
BILE kidnapping or Other
Forms of Vengeance.
SAFEGUARDS SUGGESTED
Justice Finch Adjourns Hear
ing on Settlement of Sep
aratiOn Decree.

An amicable settlement of the legal
separation which Mrs. Helen Elwood
Stokes won last year from w. z. D.
Stokes. wealthy real estate owner, ap-
pears now to hinge upon the posi-
bility of mutual agreement concern
ing the custody of their two children,
properly eafeguarded, and adequate
financial provision for their future.
Mrs Stokes moved yesterday through
Samuel Untermyer. her counsel, with
a definite offer to share the custody of
the children during a part of the year.
II Mr.. Stokes will agree to provide for
ttem equally with his son out Of all
his property" When the hearings to
settle alimony and custody of the chill
dren began last month before Justice
Edward r. Finch, Mr.. Untermyer
asked for "the exclusive and unques-
toned custody" of the children.
That Mrs. Stokes has "a mortal fear
her husband may kidnap the children
or perpetrate any other desperate deed
to satisfy his hatred for her and his de-
sire for vengeance was also disclosed
by Mr.. Untermyer who read to Justice
Finch copy Of letter which he wrote
within the last week to Isidor Gains
burg. counsel for Mr.. Stokes. James
and Helen Muriel Stokes. whose custody
Is at stake. with their mothers applica-
tion for $4,000 annuaI aIimony, are
now living in Denver. Col. with Mrs.
Stokes's parents. Mrs. Stokes won their
permanent custody in a decision which
Judge Ben B. Lindsey gave in October.
1919. 1t is Mr.. Untermyer's contention
that this decision is binding upon the
New York courts. but yesterday in
reading his communication to Mr..
Gainsburg he intimated that his client
might consent to a modification II Mr..
Stokes would consent to financial
guarantees.
Wards of Colorado Court.
These children are the wards of the
| Colorado court" he wrote "and any
modification Of its decree must be made
by that court. If. however. the enforce
ment of the legal status as now estab-
| lished is not for the best interests of
the children it will not be permitted to
weigh with their mother or with me.
with these considerations in mind
and in the endeavor to meet the sug-
gestions Of Judge Finch in the broad
and sympathetic spirit in which he has
| approached this important topic I have
taken up the question with Mrs. Stokes.
| of whose 4lassionate devotion and spirit
Of self-sacrifce for her children there
can be no doubt in the minds OF any
man who knows her as have grown to
know her and respect her.
"She Is fairly terrorized at the
thought Of bringing the children within
/ u,J,a "a
such terrible indignities and has suf-
fered so greatly. She has mortal fear
t,.at your client may kidnap the chill
6r~f or perpetrate any other desperate
Iced to satisfy his hatred for her and
his desire for vengeance.
ut Is a state OF mind that is under
standable and difficult to overcome.
She feels that while she Is under the
strongest moral obligation to leave moth
ing undone that may further the mate
rial interests Of the children. mere
money is not after all so important
to their happiness as that they shall be
we'll reared and protected against the
misery and lack of opportunity for
proper training that will come from
being hauled and dragged between
their parents.
while she says that their father
was kind and affectionate to them, she
I has never believed that he cared much
| for them. AS evidence of this she points
to the fact that he is now .endeavoring,
under cover of transfers OF his prop
erty to his son (Weddte). which I re-
| gard as so transparent and frivolous
as to be grotesque, to leave them un-
provided for In the hope OF striking at
her through them. Now that they are
advancing in years she also fears that.
IL permitted to see them. he will en-
deavor to saturate their minds with the
obsessions that possess him concerning
her that are too vile for words"
"Two Practical Aspects.v
| The two practical aspects" which Mr..
! Untermyer goes on to discuss are for
an understanding that Mr.. Stokes visit
the children after trips to Chicago
where his son Is attending college, or
that he see them II Mrs. Stokes brings
| them to an Eastern resort each summer.
He. develops the latter alternative as
follows:
THE only time tho children could
come East would be for two months in
the summer. II Mrs. Stokes can be pos
| itively assured that this will be for the
children's interests she will make this
sacrifice, by taking the children to a
summer resort near New York from
where they can be sent to the father
during the daytime on certain specified
days of the week.
"Tf Mr.. Stokes really cares for these
children and wants their companionship
and Is willing to enter into an agree
ment to provide for them equally with
his son out of all his property. including
that which he pretends to hold in these
so-ca1led trusts. that ere ludicrous 80
| far as concerns any question OF their
legal validity. Mrs. Stokes will make the
necessary sacrifice for the sake of the
children"
Mr.. Unterrnyer then asks II Stokes will
enter into "a binding obligation to make
an irrevocable will thus distributing his
property" II he will. "thc rest will be
easy. If not" he adds. 1T Ia con-
elusive evidence TO me that his chief
reason for wanting TO take Mrs. Stokes
from her home and bring the children
East Is a desire TO tnflict further pain
| and humiliation upon her"
Neither Mr.. Stokes nor Mr.. Ginsburg
was in court yesterday when the hear
ing was resumed before Justice Finch.
Miss Rebecca Arenwald. a law clerk
| from Mr.. Cinsburg's office. opposed Mr..
| Untermyer's argument tnat the question
| OF visitation on the part OF Mr.. Stokes
had been judicially settled by Judge
Lindsay Justice Finch intimated that
he considered he had authority In the
present action to decide whether or not
Mr.. Stokes should visit his children.
| The hearing was later adjourned until
June 10.