The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-09-29
'SON DECLARED TO
BELEG|TIMATEBY
referee IN CASE
Mrs. StilIman Wins Complete
Victory Under Decision
Announced Today.
MISCONDUCT PROVED
More Than Half a Million DOL
lars Spent by stillman in
Long Litigation.
MISCONDUCT PROVED

CARMEL, N. Y. Sept. co.
James A. Stillman, former presI.
dent OF the National City Bank Of
New York, was denied a decree
In his suit fof absolute divorce
against his wife, Anne Stillman,
and baby Guy Stillman was declar.
ed legitimate, in the finding Of
Daniel j. Gleason, referee In the
case, which was filed here today.
The referees oecislo, was a
compile victory for Mrs. stillman.
Her charges were confirmed that
Mr.. Stillman had misconducted
himself with Florence Leeds, for.
mer Broadway girl, and that the
girl had borne two children. In re.
gard to Mrs. Stillman's charges
that her husband had misconduct.
ed himself with two other women
identified only as Helen" and
Clara" Referee Gleason decided
that the evidence was not sufficI.
ent to prove the allegation of adul.
terry.
Two of the bankers attorneys.
Col. William Rand and Outer.
bridge Horsey, waiting to hear the
decision in Mr.. Gieasou's-otfice al
EPoughkeepsie, declined to say
whether they intended to appeal
from the referees findings.
Through his mothers victory
Guy Stillman retains his rights as
an heir to the trust fund, with his
two brothers and sisters, the trust
was created for them by their
grandfather. the late James Still.
man.
In conclusion 1t was recon.
mended that the plaintiffs com.
plant should be dismissed. The
referees report on the motion b.
either side will go to Supreme
Court Justice Morchauser for con.
firmatlon or rejection. 1t, is cx,
pected that Justice Morchausar
will uphold the finding Of Nj
Gleason.
This is a very unusual action. /"
said the report, "as It clearly alb.
pears without contradiction thai
since at least as early as 1916
and ever since that date, during
the continuance Of this action and
down to at least March 1921, the
plaintiff has been intimate WITH
a woman not his wife, known al
Florence H. Leeds; has supported
and maintained her as his wife Ia
various places and In yariuu.
apartments. that during the period
she has given birth to two child.
rem who have been recognized b,
him as his children; that he ha.
supplied her with motor cars AM
jewelry, supervised her bank &C,
count and has borne the same re,
iations with her as a man ordln
arily bears to his wife.
The proof on this subject wa
49, overwhelmingly and con,
vincing 80" uncontradictet
proof. find that the plaintiff
has been guilty OF adultry with
one Florence H. Leeds and has
lived in adulterous intercourse
with her from the year 1916 to a.
least the early part Of 1921"
A large part Of the report was
devoted to discussing Mr.. Still,
mans effort to show he could moi
have been the father OF Guy Still.
man and TO the testimony Of hls
witnesses that they saw Mrs. Still.
man and Beauvis mIsconductIug
themselves at various places in.
GLIDING the Stillman summer
camp on the banks of the S.
Maurice River In Quebec during
the months preceding the birth Of
the infant.
"As the infant defendant Guy
Stillman was concededly born in
the lawful wedlock, the burden oil
establishing his illegltimacy is on
the plaintiff and the plaintiff
must establish such illegitImacy
beyond a reasonable doubt" the
report said.
The presumption of fact Of
legitimacy is one of the strongest
known to law and Of course II
cannot be overthrow except by
evidence which is stronger. The
burden Of proof is upon the party
asserting illegitimacy and the
rule in a case ofsthe present one
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