Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-09-30

Carmel, n. Y, Sept. ZS.-tby Inc
Associated Press).-James A. Still
man, former president of the National
City 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
]. Gleason, referee in the case, Whlch
were filed here Friday.
The referees decision was a com
plete victory for Mrs. Stillman. Not
only was her defense upheld but tire
referee also confirmed her charges
that Mr.. Stillman had misconducted
himself with Florence Fl. Leeds, form
err 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 ana
CLARA" Referee Gleason decided that
the evidence was not sufficient to
prove the allegations of adultery.
while there is evidence, the re-
fierce wrote. that the plaintiff occu-
pied a stateroom on his yacht with one
rHaIen" no proof had been offered
that the said Helen was not the adult
II find the charge of adultery as
to the said Helen and Clara not
proved"
Two of the bankers attorneys,
Colonel William Rand and Outer
bridge Horsey, waiting to hear the de-
cision in Mr.. Horsey's office at
P~oughkeepsie, declined to say whether
they intended to appeal from the
referees findings.
StiIIman Charges Not Proved
The referee wrote the testimony ad-
duced by Mr.. Stillman in support OF
his charges that Mrs. Stillman mis-
conducted herself with Fred Beauvais,
Indian guide, alleged by the banker to
he the father of little Guy Stillman,
'uncontradicted and unexplained, was
sufficient to justify him (Stillman) in
believing Mrs. Stiflman guilty of the
charges made against her
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"
Through his mothers victory, Guy
Stillman retains his rights as an heir,
with his two brothers and his sister,
to the $4,000 900 trust fund created
for them by their grandfather, the
late James Stillman.
The referee held that Mr.. Stillman
had failed to overcome he presump.
ton of legitimacy, which is n OF
the strongest known to the Law and
which cannot be o~verthrown except
by evidence which is stronger"
On the other hand, the report found
the proof of Mrs. Stillman's charges
that her husband had supported and
maintained Florence H. Leeds as his
wife and that she had given birth to
two children, recognized by him" had
been $50 overwhelming and convincing
that the plaintiffs attorneys frankly
stated to the referee that no denial
would be made of these charges"
Mrs. Stillman, the referee held, not
only offered evidence tending to estab-
fish the untruth and falsity of the evil
dence of misconduct by her and Beau
vais. but also presented evidence tend
ing to show that agents of Mr.. Still
man offered inducements of money and
positions to witnesses who would test
fly that his wife had misbehaved with
the Indian guide.
In conclusion, 1t was recommended
that the plaintiffs complaint should be
dismissed.
Goes to Supreme Court
The referees report, upon motion
by either side, will go TO Supreme
Court Justice Morschauser for con
firmation or rejection. 1t is expected
that Justice Morschauser will uphold
the findings of Mr.. Gleason.
This is a very unusual action" saic
the report, "as it clearly appears with,
out contradiction that since at least as
early as 1915, 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 WON
an not his wife, known as Florence II
Leeds; has supported and maintained
her as his wife in various places, anC
in various apartments; that during the
period she has given birth to two chill.
dren who have been recognized by hin
as his children; that he has supplied
her with motor cars and jewelry, super
vised her bank account and has borne
the same relations with her as a mar
ordinarily bears to his wife.
THE proof on this subject wal
overwhelming and convincing
and upon the uncontradicteC
proof ] find that the plaintiff has beer
guilty Of adultery with one Florence H
Leeds and has lived in adulterous inter
course with her from the year 1915 tc
at least the early part of 1921"
A large part of the report was de.
voted to discussing Mr.. eff
fort to show he could not have beer
the father Of Guy Stillman and to the
testimony of his witnesses that they
saw Mrs. Stillman and Beauvais mis-.
conducting themselves in the months
preceding the infants birth in 1918 al
various places, including the Stillmar
summer camp IN the banks Of the st
Maurice river in Quebec and on the
bankers country estate In the Pecan.
tico hills.
"As the infant defendant Guy Still.
man was concededly born in Lawful.
wedlock, the burden of establishing his
iIlegitimacy was upon the plaintiff and
the plaintiff must establish such lie.
gitimacy by clear and irrefutable proof
and beyond a reasonable doubt" the
report said.
THE presumption of fact of legit-
imacy is one Of the strongest known
TO law and of course it cannot be over
thrown except by evidence which Is
stronger. The burden Of proof is upon
the party asserting illegitimacy and the
rule in a case like the present one has
been declared TO be that it must be
shown beyond all reasonable doubt that
her husband could not have been the
father of the child"
StIIIman Guys Father
Mr.. Stillman, the report continued
apparently realizing the burden i'm.