New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-05-29
Grave Charges Against nm At'oraey-A Sss
Variance Between an Attorney and ~"


In the Common Pleas Chambers, yesterday, before
Justice DAILY in the Of Louis Colnski sg IRE Eve
Railway Company. The plaintiff seroussniured in CD
son that occurred between two Of the defendants fns
and employed John,Cook Son, Attorneys o! this Ci!
bring an action against the defendants his damages y
them $1,000 From this point his story told IA az si
dayt substantially follows; The bargair Between he
self and his attorneys was they should bea the
and receive % per cent tho first g. 900 recovered
and per all the IN September last the,
wrote him. being resident Of Richmond fr saowteh
February learning that the 10 lie
NcwYork. That after calling on bis attorneys they se'
for him and told him be submit examination oB
the Defendants surgeon He objected but they insisted -
and be finally submitted TO the examination " sub
visit their Office the younger Cook handed run pse q
sign telling him il was important for tue jury IEiab
you read IL DE endant read il and found TO be power
attorney settle the suit lie refused to sign H. The yo2nff
Cook said u DO signed II tssy could g.. 500 0. ~ ne
lively refused TO sign H. Inc Younger Cook then toa m
that the that they should have 20 per een ne
Afterward the elder Cook urged him sligo this paper
to make expense by gong 70 trial can
Tor SAYS YOU viii not i've long and Jon had better tie
money The plaintiff empAaicaly refused sayas snn' 40
desired the money for the benefit of bis wife and children
About the OF February be told the would 10, So
on I'LL March, and he had better go home ga tLe same CAV
Young Cook passing him 10 the street said he would .g
Inc psper he could get o. 800 IT, The plaintiff agan ~.
fused March, about the 9TH, he returned 20 New YORK
e. 500 and had discontinued the action AZ al the interview,
he been accompanied by one or other % AIS fient vi"
MIR Cook read his own and other affidavit, DENYING tie
statements OF the plaintiff Tie stated that the phItih
bargain him for % per cent on the mrs. Thousand %
50 per cent on remainder OF the recovery tna, o OF
those who had made affidavit for the plaintiff we're
or Poles not understanding English wells that he had 60 le
plaintiff out Of prison by becoming his guafaty ioF %
SIMS and that he ready TO over the balance cue 10
plaintiff on having his guarantees returned 70 hm th"' o
nanfif had repeatedly authorized him 10 settle yerOay u
that he ook knowing the weakness OF the case "n
the plalnt-he having had no companion ard there ="
witness prove the npanys neggenee-and TIE slp
nature Of railroad companies 10 carrying their cases BY apg"
10 the Court of resort had thought best 20 c0ppH's
as he had done the telling him be would not I've out
he might have said something OF the KIND az the surgeon
the company had told him plaintiff had csosumpoD' v.
account OF the eject jury he had thought II ght 70 INV
him examined by the company surgeon .
There severaccrroborati,e aiayits icade Oy l'
who happened to be present at the various tunes. - a.
The plaintiff moved 10 the settlement ana comp -
Attorney repay the $780, 50 that the case msl' DO t"
larry tried. ,,.,aA 4.
the order OF discussion. 49, . - l.
Judge DalyI have heard the plaintiffs afGays ard &c
nor care 10 hear his counsel II you wish IL. wi bear
The COUNSEL for the Erie Railway suggested hs nc a
right to be heard and read an aida'lt o. oc,a hb -
his they authorized 70 settle tins se % ~
indorsed the consent 10 discontinue he supposse
being regular and the aitone. % G 49,
they were pecuniary responsible the setteneht co'u
disturbed but the party must be of 10 his remedy as's ~
NJ, Smith argued that the principle on which ludgnsnn
that for the purpose Of such opening dd ho'
aaar an which side IL appeared VI course. the Hies "
anJ "a the attorneys for the railway COMPANY
out Of the qesioa ea, the sa ss showed low
ridiculous this talk Of a weak case was
MIR Cook argued at some length that the TRANSACTION W."
honest and fair. A.. u,,,...,., .,
os and the settlement t. be opened ana
the plaintiffs attorneys repay the money Paid on IL
MIR James N. Smith for plaintiff; Mr. Cook Tor hmSeh