, 1922-09-29

" "A nlAuDtr OF Witnesses 10 pruFc
that his relations with Mrs. suIiman
between Christmas OF 1917 and
March Of 1915 Guy was born in No
vember 1879 precluded The possibility
that he could have been the father.
1T il claimed By the plaintiff the
period from Christmas OF 1917 to.
March Of 1918 the plaintiff was never
at the home OF the adult defendant
at P~IeasantviIie and there was no
meeting At any other place which
would have naturally permitted the
sueual Intercourse between a husband
and wife.
To meet his proof. evidence a
been offered on behnlf OF the adui de-
.fendnt that on January 6 n Janu-
airy q OF 1918. the plaintiff and de-
PENDANT were together al his resi-
dence. A~ondanne. Pieasantvile. y.
Y, and between the 18TH and 2sth Of
February the adult defendant with
her family. stayed at the ST. Regis
Hotel in New Tor City and on one
or two occasions the plaintiff was
observed taking the elevator which
led to her apartments. n the plain
<hf answered a telephone call 10 the
adult DEFENDANTS apartments. It
further appears without contradiction
that during all this period the reia-
lions etwee the plaintiff and de
PENDANT were most harmonious and
pleasant. no proof being offered or
claimed that at that time the plain
tiff and defendant were not carrying
on their usual marital relations. and
IN October previous. It is established
that the plaintiff and defendant &C
cupied a room together at Lake
Dawson. Quebec at which time the
plaintiff expressed the greatest
pleasure at occupying a room wl.h
his wife. in fact il also clearly sp-
pears that after tho birth OF the
infant Guy the plaintiff and adult de
endant were often together. at which
times the plaintiff played the Victroln
for the benefit of the defendant and
the said infant and their relations
were apparetly most happy and
pleasant.
"On the question of access, the
testimony of the witness Clawson Oh.
Phelps Clawson, son of n wealthy
Buffalo, n. Y, manufacturer and n
friend of the Stillman childrenl
strengthened by letters written by
him setting forth the fac; OF he pres.
ence OF the plaintiff at Mondanne. are
sQost convincing
THE evidence on the part OF the
plaintiff as TO non-access il not sat.
isfactory is not satisfying and does
not convince me.
1.-The plaintiff has failed 10 over
come the presumption OF legitimacy
anti I therefore find the defendant.
Guy Stnlman, to be the legitimate
child Of the plaintiff and the adult
defendant.
while the plaintiffs own miscon-
duct precludes the granting Of any
relief 10 him in this action and while
the adult defendant asks for no AT
firmative relief but sets up the mis-
conduct Of the plaintiff as a defense
only. the plaintiff asks for an ad
judicaaon that tbs adult defendant
is guilty OF the charges against her
and for a finding to that effet here
in.
The testimony a6duced by the
p~laintiff in support Of these charges,
,,ncontradicted and unexplained. are
sufficient to Justify him in believing
her guilty of the charges made
against her. A careful examination
however, of ali the testimony has
.shaken my faith and belief in the
testimony VI 1AA0
the plaintiffs behalf.
ut is claimed that there is evil
dence tending to establish misconduct
between the adult defendant and one
Frederick Beauvais. a half-bred In
dian guide. commencing at Lake
.wyagamack. Quebec, in December OF
1915 and continuing down until the
carly part of the 1920. and wit
netsses are called whose testimony
the pleintiff claims establishes the
following misconducts:
About November rs, 1917. and dur
ing the week preceding the said date
the adult defendant n the said
Beauyais Occupied a room together in
the Blackburn cottage at Grande
Anse. Quebec.
I'm the summer OF 1913 the adult
defendant lind sid Beauvsas lived
alone and togethet&in the Blackburn
cottage at Grande Anse.
I'm the latter part Of June or the
fore par of July. 1919, the adult de-
MT and the said Beauvais slept
together in Beauvais' room at Grande
Anse. Quebec, and the said adult de-
fendant's clothing vas kept In Beau
.Nais' room.
IN
Beauvais and said adult defendant
slept together in her room in the
white cottage at Grande Anse. and
that at various times in the blue cot
tapa at Pleasantville and In the main
residence there, n said Beauvais
and the adult defendant were guilty
of acts of misconduct.
"rhe defendant not only offers EVIL.
dence tending to show the truth anu
falsity of the evidence OF aduEtry on
the part of the plaintiff. but also tend
ing TO show hat the agents OF the
nlaintiff offered inducements. OF
money, position. and to purchase
clothes for witnesses If they woulo
testify as TO some misconduct between
tbo adplt defendant and the core
spondent. Beauvais. December oi 1915
the defendant did not stay at the cot
tars on the Little Lake Wyagamack
Quebec, but that on such occasion the
adult defendant had taken the train
49,. title Lake Wvagamack TO the i