New Britain herald., 1922-09-29
Lengthy Statement Accompanies De- cision Finds Banker Guilty
Through Mothers Victory, Baby Guy Will Receive Share of $6,ooo,oOo Trust Estate.

Carmel, N. w, Sept. 2s (Associat- ed Press)--James A. stillman former president of the National Bank of New York was denied a decree in his suit for absolute divorce against his wife Anne U. Stillman, and Baby Guy Stillman was declared legitimate in the findings of Daniel J. Gleason referee in the case which were filed her today.
 Victory For Mrs. Stllman
 The referees decision was a com plete and sweeping victory for Mrs. Stillman. Not only was her defense upheld, but the referee also confirmed her charges that MT. stillman had misconducted himself with Florence H. Leeds, former Broadway show girl, and that Mrs. Leeds had borne two children
 In regard to Mrs. Stillman's charges that her banker husband had also misconducted himself with two other women, identified only as Helen and Clara" Referee Gleason decided
 
 prove the allegations of adultery.
 No Notice of Appeal.
 Two of the bankers attorneys. Col William Rand and Outerbridge Hor- sey, waiting to hear the decision in Mir. Gleason's office at Poughkeepsie, decli9ed to say whether they intended to appeal from the referees findings.
 Cost stilhnan S5OO,OOo
 Altogether Mir. Stillman was be lieved to have spent far in excess of s60o,o00 in his divorce litigation. The amount turned over to Mrs. Stillman's counsel for alimony. fees and expenses approached s2o0,ooo.
 Evidence Insufficient.
 The referee wrote that the testi- port of his charges that Mrs. Still man misconducted herself with Fred Beauvais part Indian guide alleged by the banker to be the father of little Guy Stillman 'uncontradicted and unexplained was sufficient to justify him (Stillman) in believing Mrs. stillman guilty of the charges made against her"
 "A careful examination however of all the testimony" said his report "has shaken my faith and belief in the testimony of the witnesses called in the plaintiffs behalf
 The referee held that MT. stillman had failed to overcome the presump- ton Of legitimacy which is one of the strongest known to the law and which cannot be overthrown except by evidence which is stronger"
 Her Testimony Convincing
 On the other hand the report found the proof of Mrs. Stillman's recrim- mating charges that her husband had supported and maintained Florence H. Leeds as his wife and that she had given birth to two children rec ognized by him" had been "so over whelming and convincing that the plaintiffs attorneys frankly stated to the referee that no denial would be made of these charges"
 May Go to Higher Court
 The referees report upon motion by either side will go to supreme court Justice Morschauser for conf1r- nation or rejection. It Is expected that Justice Morschauser will uphold | the findings of MT. Gleason.
 Through his mothers victory Guy stilman retains his rights as an heir with his two brothers and his sister to the $6,ooo,ooo trust fund created for them by their grandfather, the late James stillman.
 A large part of the report was de- voted to discussing MT. Stillman's ef- fort to show he could not have been the father of Guy Stillman and to the testimony of his witnesses that they saw Mrs. Stillman and Beavais themselves in the preceding the infants birth in 1918 at various places including the 5tillman summer camp on the banks of the St. Maurice river in the prov l. nee of Quebec, and on the bankers estate in Pocantico Hills.
 Baby Is Legitimate. "As the infant defendant. Guy Still man, was concededly born in lawful wedlock. the burden of establishing his illegitimacy is upon the plaintiff and the plaintiff must establish such by clear and irrefra- ' gable proof and beyond a reasonable $ doubt" the report said. The presumption of fact of legit- { macy is one of the strongest known I 10 law, and of course it cannot be I ,verthrown except by evidence which c 8 stronger. The burden of proof is l lpon the party asserting illegitimacy, I md the rule in a case like the pres S mt one has been declared to be that V { must be shown beyond all reason r lble doubt that the husband could lot have been the father of the c ,hid.' . "The plaintiff has failed to over fl ome the presumption of legitimacy r nd I therefore find the defendant Y suy Stillman to be the legitimate c hild of the plaintiff and the adult t. defendant III