New-York tribune., 1869-06-24
THE COURTS.
THE ALLEGED LEGAL ExTORTIoN-A PREsIprx.
. TIAL PARDON, AND WHAT 1T COSTS.

The case of John n. Eitel agt. Abrar,
include as one Of the partners Of the 70
ants firm, Mr. Latng. and the last lnatOn in Whch
on the 9th OF April last The defendants case w
have been heard about fortnight later but unforeses
heard and it was only yesterday that the case ea
again before ore, j B: Haskn. ESQ., referee The psnuS,
smith, esq Judge Emmott conducted the case for ths
Judge Emmott opened the case for the defense bv
ing that the amended complaint had materially altered
the suit At first IL had been TO recover $500 Abra
Wakeman, only upon allegations indirectly chareibS IN.
he had used HIS official position to extOrt that sum from
the plaintiff, but in the course OF the examination th
facts had proved different from the PLAINTIFF ori1s9
story that his counsel was compelled to apply 10 tha
Court have the complaint amended and lad beenso
amended 10 change the action to one against Wsta
man and Lattng for readjustment Of law services rem
strictly PROFESSIONAL and were rendered AT tbe were
solicitation Of the plaintiff and upon the Of S
era reward. That the services unusuasnd laho
Gus, demanding great professional skill, time, per.
severance and anxiety The %The defendants also ssy
fully settled and their bill voluntarily paid by the plan
tiff Aug A. 1865. That he made no complaint about Il
until ueary year after, when he made personal de-
mand upon Mr.. Wakeman for the return Of the amount
paid and threatening personal prosecution The conn
sci characterized this demand attempt at leyy1no
bhck mail and said that HIS client did not propose
either to submit to black mail or 70 answer sander
The simple facts they appeared in the amended com
plan would change the rest OF the story but he should
nor travel out OF the record 10 90 IT, Msrepresen.
| leave to the TefutatOn that time and a life
ppIaintfr had asked The Court 10 set aside
the settlement made and 70 ind that the account then
paid was incorrect exorbtant IL will be undertaken
To show that is good for opening this ac
count, by proving that the services were Of such ma
lure ana d eneI eT 5t the crcnnsapccs bnt po d ra
charge The complaints upon which Eitel was arrested
and TO some extent the proofs against him. be laid
before YOU These complaints OF the most serious
character First, that he, in conjunction With
George W. Com and Others had become practically and
wron9fulIy the owners OF the L. s. recruiting station No.
1:3 SOuthst and eXtorted money reht and left from
every one who did therei that from $50 SIS
were wrun2 every trying to recruit there.
Several hundred dollars were taken from each substitute
furnished who was sold as sheep by the plaintiff and
who received but small fraction Of the sum actually
| paid for his benefit. Next, the recruits we're
| compelled TO be clothed at Eltels store az such
| prices as he might fix The sums obtained
In these three ways were enormous and all Of these were
at the expense OF the Government and It's service Ees
fortune under ths state OF things grew like mushroom
at night But this not all. IL was clearly made TO
enlistment papers at that Office that moneys were paid
and the Government made to believe mat men had been
taken INTO the service when In fact they had not ana
that the plaintiff was using these papers Knowingly ana
getting the Denent OF thenl NO eSs tan 20 cdse5 VI s
kind were alleged against nm me pIoolt oI Von 0i
these complaints In the hand OF the Government as VIII
be shown, were so strong that t seemed almost posS
bic TO break Their force ana the painl sASud De 'n
ful that the defendants prevented trial upon them
How this was prevented cannot DC shown IN ~ aea ar ~
this opening Such services, however may pc DeSt emu
merated and classified under SIX separate heads fst'
naTy iss5 TO the time Of the application War
Department about March 15 These services were
services in New,York and Washington in March Of
Eo fna1 yfsr hS decision q the War the giving
and securing the deposit Of $4,000 which the defendants
made at their risk for plaintiffs appearance, ana III pro
cnrng his release from prison. Such We're rendered in
Washington In March. 1868 Fourhy, The Investigation
OF S eases OF alleged fraudulent forged enlistment
pers and preparing trial before courmarta at Wash
ingon aud procuring pOstponement OF trial from time to
services during April and May, 1865. Filthy The ser
wees finally procuring tnlS case 20 De akeh RON ths
turned over the United states Courts az oI
| Of Tnlv 1s65 MaSlingtOn. AlDany.
SlKthy, Services in Newiork IN getting PAL bonds iaken
from falling the hands Of the military officials OF
New-York in explaining the that 10 complaint
mater unt the bonds were sofarged and the pr0secu
on had ended. This in New York from July 10 October
1898 The learned counsel said be would spare the ouTt
! patience by giving the details under either head Do
tails alone, lie said would not enable it to see the I'M
pOrtance and value OF the services rendered Inc tme
ana s events and the relation the plaintiff bore 20 then
should be recalled. IL is to forget storm when
ms eS Sag law but during tat War With It's irresponsible
military officials aud courts on one SIDE snd ne terror %
paintn as the obnoxious and accused head OF bounty
jumping extOrtiOn and bogus recruiting had peer ioi
months in immipent peril Of his life well Of his lib
erty and property He had been taken up BY tle % de
carried through the most serious danger Of
his life Not only the defendant personally,
osher members of the bar as well as others whose
necessary had been employed aud paid ny
been taken by the defendants prison the $1,000 dc
posted for him saved he was brought within the pro
tigated and dspclled; his bail were discharged and
matter broughtto an end OF course the plaintiff per
sonay said and knew little OF these services in prison
in his store lie not IN the position nor had he the
capacity 70 understand nor te SOU 10 sppptla5e ~ha
him on the 8h day OF August 1866, he settled by allowing
four aside tom their retainer and disbursements
s3g65 chat ID the exact sum- their eompensatior
for continuous and successful services from February t
received Far more we can readily show: that the defend
ants should have charged less s what the painh, atte
his most liberal promises, after his settlement and
silpf
20 ask yOu find in his beha that the pianth should
abundant profit OF his recruiting business or at least that
be should have rendered them his heartfelt thanks would
Seem 10 be the least that airy reasonable would
done without further remark, proceed with the proofs
Lucus +. Chittenden, CounseloratIaw, was called
and depoeed was for very short time connected with
the Governments; being requested Went to the Ast0i
House where Col Baker had an Office IN which were the
adayitS there plaintiff = counsel excepted aud referee
ruled IN his favOrl Examination continued acted M
Advocate, except three or four OF the rst days
was called military Dunal; cannot fix the date ron
rerollection but think time February l65. and
about ter days after the first arrests were mad tere
papers IN ret.renee TO the case OF Mr Llt. these
papers consisted OF ahdayits aud written statements
Mr. Ete was not the only person concerned taeiS @ass
| man by the name OF Going or Conn lmphc@ted dnete
two OF that name one OF whom had been an ofnee
there many other such eases but DO Go Iecoiec
OF any bat that OF Etel and Gong; DO not Know OF pa
pers being taken from Etel question AS tO certain
Documents found on Ees person was objected TO Dy 'hs
painuifs counsel but the ogecuon Na' VrsLtu'cu W
the plaintiffs counsel taking exception There were
papers found Mr. EteL and they were submitted 70
directed them To be sent 20 Washington and saw mem
the hands or Ocn Nndltdl
having charge OF the business saw some OF them az
| the office of the DstrictAttOrney a day or Two
| since. | recognized some Of The papers;
advised with Gen. Chapman the matter, but canhot
say il was there when Eitel was IN washington; ad
yised with Gen. Chapman about releasing the palnth
ON ball such advice was under consideration some days.
the place OF his trial nj tile same tme under con-
sideration; do not say by this that hs case
alone wa under consideration, but all eases had no
power myself and did not undertake 20 deSGe H1eler
man should he held not only advised IN THIS case
the firm OF Wakeman Lattlng applied 10 me IN hiteLs
case the first time II was called 10 NY ATTENTION Nas "
| Mr. Iatting. and younger Mr. Wakeman also came
| nndn rnnd mnnY annlcntions. .And. falling 10 Obtain