Evening star., 1923-11-10
CHEER MRS: stokes.
lin SECOND VICTORY.
Few in Crowd as Divorce De-
fendant Thanks Jury and
Kisses Attorney.
Nr rhe Associated Press.

6y the AsSOclated Press.
NEW YORK, November 1o.-W. e.
d. Stokes. wealthy New York hotel
man, yesterday for the second time
failed in his efforts to divorce Mrs.
Helen Elwood Stokes, formerly of
Denver, Col!
The jury wAsout an hour and eight
minutes. Mrs. Stokes took the jury's
decision complscently. An action for
separation on her behalf is on the
calendar for next Monday.
Gives Counsel Kiss
Mrs. Stokes was moist-eyed as she
took the hand of each juryman in
gratitude. Her mother. Mrs. Emma
Elwood Miller, and Samuel Cnter-
myer, chief of her counsel. foiiowed
her to each Juror with their thanks.
Mrs. Stokes was seated beside lsadore
Shapiro of her counsel when the
verdict was read. She leaned over
and kissed him.
Mr.. Stokes left the room alone. He
pronounced the verdict. Max ID.
Steuer, his chief. upon whose eio-
Quence he had relied to win his case
as witness after witness broke down
In a maze of contradictions. had de-
parted an hour earlier. So had
Daniel F. Nugent. his attorney at
the first trial. who is under indict-
ment with his client in Chicago for
conspiracy to defame Mrs Stokes
character.
the courtroom They, cheercd and APP
piauded as Mrs. Stokes left.
She was too tired to make any
statement. Mr.. Stokes refused to
comment and Mr.. Untermyer felt any
expression would be inadvisable since
he cf,.in 1ff
vestigate the testimony of several OF
the Stokes witnesses.
Hits Untermyer's Attack
Mr.. Steuer had closed his sum-
nation with bitter attack on MT
Untermyers arraignment OF Mr. Nu-
gents methods OF getting witnesses,
Asserting that Mr.. Untermyers con-
science would trouble his sleep after
hts condemnation of a rising young
lawyer, he said there was never
more murderouS assault on reputa-
ton"
Turning to MIR. Untermyer. MIR.
Steuer added.
The climax of rotten defense was
when you called Stokes mind dis
eased. Supply an adjective for your
own.
Il wouldn't use any artifice to make
this lady's case any worse than it is.
All l ask is that you jurors do JUS
tice. Don't be generous with the
lady. This is no time for generosity"
The retrial which was ended by the
verdict yesterday opened before Su-
preme Court Justice Mahcney on Oc-
tober S. 1t had been made necessary
by notification through a legal tech
nicality of a verdict found against the
wealthy hotel owner by a jury in
September, 1921, when Mrs. Stokes
was granted a decree of separation
and permitted to retain custody of
hn ftrn oh Mill foo inn
suited from failure of Justice Finch
to sign both DEGREES before he was
elevated to the appellate division.
Long Fight for RetriaI.
Stokes was granted the retrial
after long legal battle. Later he
and his attorney, Daniel +. Nugent,
were indicted in Chicago on charges
OF conspiring to defame Mrs. Stokes
reputation.
The retrial differed from the orig
tnal trial in that the plaintiffs coun-
Sci confined allegations of misconduct
to Edgar T. Wallace of Los Angeles,
q mining engineer, with business
friends in the city, while. at the first
trial there had been a number of al
legations linking Mrs. Stokes name
with those of other correspondents.
Witnesses for Mr.. Stokes testified
lace in Bunceton, Mo-, in 1904. before
her marriage, with him at his apart
ment in East 35th street, New York,
and at parties In summer homes near
Bethel, Conn. Wallace. his friends.
residents of Bethel and Bunceton, and
other witnesses for the defense made
detailed denials.
Several negro witnesses for the
hotel owner. under cross-examination
by Samuel Untermyer. chief defense
counsel, repudiated earlier testi-
monies. Five witnesses for the plain
til repudfated affidavits.
HeAted Tits Frequent.
The trial was marked by frequent
And heated Tits between Mr.. Inter
myer and Max D. Steuer, chief counsel
for Mr. Stokes. The two attorneys
frequently held up proceedings by
hurling remarks at each other. and
Justice Mahoney several times inter-
vened and threatened to stop the trial.
myer he would speak to them later
about their Interruptions.
The most dramatic moment of the
retriaI came when Elmer H. Hen
shaw, former chauffeur of Mrs. Stokes,
declared he had had improper rela-
tions with Mrs. Stokes. Both Mrs.
Stokes and her mother cried out
threatening denials and tears stream
ed down the face of Mrs. Stokes. Hem
had been misunderstood and that he
had accepted the term improper rela-
tions to cover an alleged attempt by
Mrs. Stokes to use him in a suit
against her husband. Mr.. Steuer, in
his summation, said the misunder-
standing had arisen as a result Of the
nature of the examination of Hen
shaw.
Testimony of Assistant District At