Evening star., 1923-10-18
SAYS MRS. STOKES
WAS WITH WALLACE
Horace G. Knowles, Former
Iy in U. S. Diplomatic Serv-
ice, Divorce Case Witness.
by the Associated Press.

by the Associated Press.
NEW YORK, October 1S.-Horace G.
Knowles, formerly in the diplomatic
service of the United States in Ru-
mania, Bulgaria, Bolivia and Peru,
today testified at the retrial of w. Z.
ID. Stokes suit for divorce from his
wife, Mrs. Helen Elwood Stokes, that
he had seen Mrs. Stokes, in 1914, on
the stairs leading to the East 35th
street apartment of Edgar 7. Wal
lace. correspondent.
Knowles. now a practicing lawyer,
said he knew Wallace. and that in
1914 he had visited a man with whom
Wallace shared an apartment in 35th
street. Asked whether he had seen
Mrs. Stokes there, after the defndant
had been pointed out to him in the
courtroom, the witness answered:
ITO the best of my knowledge and
belief, l did see her on the stairs
leading to the apartment and in COM
pany with Wallace"
Clarence A. Smith, process server,
and Charles Murphy, deputy sheriff
told of having frequent and unSuc-
cessful visits to the tearoom in II q
house where Wallace had his apart
ment In an attempt to serve a sub
waitress of the tearoom.
Decision Is Reserved.
Justice Mahoney reserved decision
on motion of Samuel Untermyer,
chief defense counsel, to strike from
the record testimony of Smith and
Murphy.
Decision of Justice Mahoney as to
whether the entire testimony of John
NJ. Mates, 1nterborough Rapid Transit
company messenger boy. called by
the plaintiff, is admissible, is expect
ed today.
Mates said he carried packages
between between the apartment of Edgar T.
wallace, chief correspondent and an
engineer for the Interborough com
pany. and the Hotel Ansonia, owned
by Stokes, in which he and Mrs
Stokes lived. Samuel Untermyer,
chief counsel for the defense. con-
tended the evidence offered by Mates
was irrelevant.
Z When first called to the stand
Mates could not remember having
seen Wallace in the apartment in
5Sth street. described as having been
rented by him. but after being al
lowed to look at an affidavit made by
himself, the witness recalled having
seen Wallace there several times.
A heated argument between counsel,
during which Supreme Court Justice
Mahoney was compelled to pound the
bench repeatedly for order and final
" threaten serious action unless Mr..
Untermyer stopped interrupting, came
when Mrs. Stokes counsel mentioned
the word Jail" in referring to the
deceased husband of Mrs Francese,
a witness.
Called Miserable Person.
''I wish you would punish this mis-
cradle person." Max d. Steuer. attor-
ney for Mr.. Stokes shouted. His ex-
animation of this witness is indecent"
Mrs. Francese was on the verge of
tears.
After silencing Mr.. Cntermyer four
times by pounding on the bench. JUS
tice Mahoney insisted that Mr.. Steuer
withdraw his characterization of Mr.
Cntermyer and added: Il want no
further mud singing or Indulgence
In personalities"
Charles E. Eberstein, Chicago law
ger for Mrs. Stokes, walked out of
the courtroom after a whispered ar
gument with Untermyer which gave
rise to reports that the Chicagoan had
quit Mrs. Stokes staff of counsel
Eberstein's ire was aroused at Tn
termyer for repeatedly plucking at
his coat tails to offer suggestions
while Eberstein was trying to cross
examine a witness. His absence from
the room was only brief. however.