New-York tribune., 1922-02-12
Court Angcred
By Delay in
Still1nan Case
Justice Morschauser, in
Granting Postponement
TO Bankers Counsel. De-
clares 1t To Be the Last
Criticizes Both Sides
Further Hearing on Plea
for Canadian Commission
Is Set for Next Saturday
From a s.or Corresnondens


POUGHKEEPSIE, Feb. II. - I'm
patience over repeated delays in the
Stillman divorce suit was openly
voiced in court here this morning by
Supreme Court Justice Joseph Mors-
chauser. In granting further stay of
q week to counsel for James A. Still
man, he said that this was the last ad-
journment he would permit in the case,
which has now been in progress since
July s, 1920. His criticism was
leveled equally at both sides. Although
The immediate delay was occasioned
by counsel for the plaintiff. Justice
Morschauser told John f. Brennan.
chief counsel '7x Mrs Anne Urquardt
Stilman. that Il was oy no means free
from blame in .he matter
Everybody is getting disgusted with
this case" he declared at has dragged
along and dragged along and dragged
along. We've Rot to get it cleaned
up"
The appearance in court OF counsel
for both sides to argue Mrs. Stillman's
application for the sppo ntment of q
commissioner to take the testimony
of witnesses in Canada inspired Justice
Morchauser's remarks. A second mo-
tion under conoide ration dealt with
her application for $3.50 TO cover the
travelling expenses o. the commission
and the fftyone wi 'nesscs scheduled
10 testify if the scene again shifts to
Canada. The sa11c motions were pre-
sented in court last Saturday and ad-
iournment was gra ited by Justice
Mors chauser when Mr.. Brennan argued
that he wished to attsch new afidavits
to meet the objection Of the court
that his original application was
biased on hearsay." Failing the pre-
sentation of more direct evidence.
Justice Morschauser said he would have
to deny the application.
Because of Mr.. Brennan's failure to
forward the new affidavits to council
for the plaintiff until Friday afternoon,
outerbridge Horsey, counsel for Mr.
Stllman, said that he WAS not ready
to go on with the case. The papers
were to be have been sent to him be-
fore Wednesday, he said. As it was,
he had not had time to go over them
carefully or prepare his argument. Ad-
dressing himself to Mr.. Brennan, Jus
tice Morschauser said:
pu should have served these papers
on Wednesday. This case has been
delayed long enough. Why didn't you
serve them before Friday?"
we started 10 serve them on
Wednesday and Mr.. Philip O'Brien's
affidavit gave the names of some of the
witnesses he had examined in Canada" !"
replied Mr.. Brennan. "Then there are
six witnesses to be recalled before the
commissioner, in addition to all the
new ones"
This brought Mr.. Horsey to his feet.
We must have the papers that we
are to answer-all of them" he said
1--WE want to be allowed the same time
to study them as we were allowed last
week"
After considerable argument on both
sides, Justice Morschauser fixed next
Saturday at Poughkeepsie for the hear
ing.
If the commission is appointed to go
to Canada, counsel for the millionaire
banker will appeal, it was indicated
by Mr.. Horsey as court proceedings
closed. On the other hand, Mr.. Bren-
nan said he undoubtedly would appeal
II the commission is not appointed
Either way it will mean further delay
in the case.