The New York herald., 1922-06-08
UNTERMYER HURLS
LIE AT WED. STOKES
All Testimony on Mrs. Lydig,
w. X. Vanderbilt and DR..
Grant Out.
JUDGE LINDSEY UPHELD
Granting of Two Children to
Mrs. Stokes Legal Here,
Is Contention.
JUDGE LINDSEY UPHELD

Hearing on the application of Mrs.
Helen Elwood Stokes for $4,000 annual
alimony from w. z. D. Stokes. which
was resumed yesterday before Justice
Finch, In Supreme Court. again de-
veioped a lively clash between Samuel
Untermyer. counsel for Mrs Stokes. and
Isidor Gainsburg. representing her
former husband.
When Mr.. Untermyer asked Mr.. Stokes
if he had included in his income tax
returns from certain real estate hold
ings. the witness answered:
you ought to know. You saw the
return"
THAT is an unmitigstad falsehood"
Mr. Untermyer retorted
BY this time, Mr. Gainsburg was on
his feet, demanding angrily that his OPP
ponent not be permitted Ito continue
in this method of calling this witnesses
statements 'unmitigated faisehoods.
Mr.. Untermyer tried vainly to interrupt.
but Mr.. Gainsburg continued, and aske1 !
Justice Finch to direct Mr.. Untermyer
to apologize Justice Finch declined (?
require an apology. but said:
Mr. Untermyer had no right to make
the statement, and he knows tt
Whole Testimony Stricken out.
Later Justice Finch remarked that
there seemed to have been a misunder-
standing concerning certain testimony
which he had ordered stricken from tn
record on Monday. His order had been
meant to include all of the references
to Mrs. Philip Lydig. former wife Of
Mr.. Stokes. to Mr.. William X. Wander
bilt. and to DR.. Percy Stickney Grant
rector of the Church of the Ascension.
Mr. Stokes testified that before his son
"Weddie" was born he provided in a
will for an income of $4,000 for his
$500, 900 to Yale University. Mr.. Inter
myer asked:
You said you gave all your property
to your son. Where did you get the vast
sums for these bequests?"
1T was all according to IAN agree
ment-"
Have you copy Of that agree
ment?"
You're her lawyer and you have a
copy of it."
I'm not her lawyer and she hasn't a
copy"
Then if you aren't her lawyer how
do you know she hasn't copy?"
Defends Lindsay Decision.
When the argument swung to a dis
cussion of the custody of the two chill
dren of Mrs Stokes, which is involved
with the alimony award Mr.. Untermyer
said he considered their disposition and
welfare 'the paramount issue" He
opposed giving Mr. Stokes access to
them. and argued that the decision Of
Judge Ben r. Lindsey of Denver givin~
them to Mrs. Stokes was binding in New
York. He had taken the part of Mrs
Stokes. he explained. because he thought
her " prosecuted woman"
Mr.. Gainsburg interposed that Mr..
Untermyer had come into the case as
counsel for Mrs. Stokes at the request
of Judge Lindsey. Mr.. Untermyer re-
joined:
"Such an attack on one of the most
eminent judges is without excuse and
shouldn't be permitted
The lawyer held that the children
were wards of the Colorado court and
as such Judge Lindsey was bound to
make provisions for safeguarding their
interests in another State. The request
to aid Mrs. Stokes had come from other
prominent men in Colorado in support
of Judge Lindsey. he added.
Justice Finch adjourned the hearing
until next Monday. requesting counsel
in the meantime to work on satisfac-
tory plan for the custody Of the chill
dren.