The Monmouth inquirer. [volume] (Freehold, N.J.) 1865-1933, 1924-03-20
STILLMAN LOSES
FAMOUS SUIT
Higher Court Unanimous in Up
holding Victory of Bankers
Wife and Baby Guy.
LAWYERS SEE CASES END
Appellate Division Declares Banker Is
Guilty of Marital Miseonduct-off-
Spring Is Lesitimate-Wife Free
to Enter suit for Divorce.

New York. - Mrs. Anne Lrquhaut
Stillman won another point against
her husband, James A. Stillman, the
banker, in their marital struggle.
The Appleate Division in Brooklyn
sustained the decision of Supreme
Court Justice Morschauser. by which
Guy Stillman was declared legitimate
and the banker found guilty of mis-
conduct.
The sustaining decision was unani-
nous, but the five justices who signed
it. specifically struck out the lower
courts finding that Mrs. Stillman was
innocent of misconduct with Fred
Beauvais,, the Indian guide.
The Appellate Division asserted
that this finding was 'immaterial and
unnecess, ry," and added that find
ing to the contrary would not have
changed the decision.
Whether the banker will carry the
case to the Court of Appeas is uqes-
tionable. He cannot do so under the
law without permission of the Appel
late Division, because the decision of
that tribunal was unanimously against
him. That the banker will seek per-
mission to appeal to the highest court
is considered probable by those who
know him
The Appellate Division memoran-
dunn with its decision, signed by JUS
tees Kelly, Jaycox, Manning, Young
and Kapper, reads:
THE findings Of the court and ref
cree that the plaintiff was guilty Of
adultery and not entitled to a judg-
ment of divorce are amply supported
by the evidence: in fact. it is undis-
puted, and hence these findings are
affirmed.
so far as the question of The legiti-
macy of the child is concerned, this
court also afirms the findings of the
court and referee, our conclusions be-
ing that the evidence fails to. estab-
lish his illegitimacy
THE judgment in this respect does
not depend upon finding that the
adult defendant was innocent Of
wrongdoing, nor is such finding nee
essary to support it. A finding to the
contrary would not change the. result.
Under these circumstances, the
findings of the court and referee as to
the innocence of the adult defendant
are immaterial and unnecessary, and
are therefore stricken OUT The judg-
ment as thus modified and the order
are unanimously affirmed with costs.
John E. Mack, of Mrs Stillman's
staff of lawyers, made this comment
on the latest decision:
Naturally, / am much pleased. As
to the child never feared the result
of the appeal and feel that his status
is fixed and settled.
LAS to Mrs. Stillman. ever since the
plaintiff. James Stillman, admitted his
guilt the case against her was decid-
ed. and the Appellate Divisions deci-
sion that it was not necessary to pass
upon the evidence tending to support
the charges as against her simply
means that the plaintiff must himself
come into court with clean hands, or
rather clean morals. before he can
even be heard as to his charges
against his wife,
John F. Brennan, associate counsel
for Mrs. Stillman, remarked that it
was a good decision, and Isaac N.
Mills, who also represents the wife,
said:
THE next move is now up to Mr..
Stillman. do not see how there can
be any appeal from today's decision.
feel that Mrs. Stillman has been
entirely indicated. There is no am
biguity in the Appellate Divisions de-
csion. and in my opinion it leaves no
ground for an appeal by Mr.. Stillman
This decision establishes that she
has her full rights as Mr.. Stillman'
wife. She is, entitled to his support in
such nature as is to be expected from
such a man in such position in life
If Mrs. Stillman does not sue for di
vorce and Mr.. StillIian does not re
fuse to support her"