New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-16
THE BALDWIN cAsE-MR. ROOTS SIDE.

Sampson, ct al, agt. Wood, CT aL-Supreme
Court Chambers-Before Mr.. Justice Cardozo.-In tins
case which the principal defendant sOngnt TO be re-
strained from prosecuting any claims against the estate
Of John H. Baldwin his widow, on the ground that
she made full settlement Of them under the advice of
counsel and in which the defendant seeks 10 avoid the
OF the settlement by charging that was made Dy
fraud and collision OF her attorney without her under
standing it's eecshe being the time under the infu
Of opium which she used for medical reasons Ex-
Judge Fullerton asked the Court Mr. Root her former
attorney was attached cOllaerally and had oppOr-
tunty directly TO answer the attack that he might be
sIlf PernissOn was granted, and Mr. Root read his
own aidayit 70 the effect that when employed by Mfs
Baldwin. Wood, he associated Win himself ex'
Judge Fullerton and Messrs. Morrison, Lauterbach
and spurgeoD at her requests that since the settle
repe attacks on himself after he retained
he became convinced her word was not 70 ne trusted ana
he could find adequate proof IN support OF her aega
lions as 10 the marriage and is issue that they
greatly puzzled and aid not know what TO do that she
then had written contingent prom 80 signed by Jonh H.
baldwin payable her Mrs C. f. Wood, for $l3eO0,
that he tosamson Of the executors and demand
payment hut refused; that the question then was
should they the note contest the Will and at
tempt to marriage and issue bring action for
dover To the note defense OF want OF consideration
nd Fullerton the third Willie preparing this
latter course OIL November lSGs, a summons and com
Mr. Root appeared for her and Mr. anterpaeh dictated
the answer which 1t 10 now claimed was
s nowHproduced as a proof Of his 0ot'sl treachery.
that did sign and TO this answer and the state
he retained this in his Office 10 June or July.
when ne gave up her then attorney that hc did not
been COLLISION that that when he was Introduced
sutherland the latter suggested was not ease for
publicity which he asseted and suggested settle
ment that a few days after Sutherland met him aud
told him his clients would not pay any large sum- but
might give 81 g. 900 to avoid scandal and litigation;
that he Root thereupon, consulted with his associates
and ms CLIENT that his associates all agreed that he
should open a correspondence for settlement; Judge
Fullerton thinking they shouldget more than sOoG that
step Of the subsequent negotiation was made with
adj aud uf bot
ciates aud the final settlement fully explained to her
that day or two oei sS, the Sns a sne o n
on going over with her 10 Gage, Gage asked
him TO give up all the papers as he was retained;
associates and defendant after some alterations con-
sadsa 70 Spareny as sH well both in body and nnd as e
Gage met them at Sutherland once and mad
he should look to him and Root declined TO be
responsible She seemed entirely satisfied and he heard
no more OF the matter till August, when he in the
columns of me Times an attack him. He repels all
charges of collision with Sutherland or fraud on his
client After the proceedings were commenced she e1,
pressed wish withdraw her charges against him, and
did by affidavit, redenanded and goI
ana sninoam make "A general AFFIDAVIT that this
affidavit Is true 30 far as ~ relates 10 thenh mr..
when first retained he could get no clue 70 the
obtaining Of evidence for her. and that after consultation
with his partners he came 70 the conclusion hers was
a trumpet up claim and emphaucally advised Mr. Root
SETTLE aud they all advised the settlement Mr. Faer
states that he advised Mr. Roots course mat at
first nc yised litigation but ultimately becoming salts
fed she could never succeed advised tine settlement, and
approved It's lie says lac advised Root not 70 OPP
pose probate OF the Will With regard TO the later
affidavit made by Mrs Wood In Mr. Roots behalf, he
swears that such affidavit made IN the presence OF
himself aud the notary aOle that she appeared To De
full pOssessOn Of her faculties; that he Fullerton,
read the ~ her and she said IL was lrne
He said 10 her, Madam you don't seem To trust Jaw
yers you had better read this affidavit over ana see II
read ~ correctly" She did So apparently with great
care He required the notary 10 read to her after
which she IT, Mr. Russell swears that the de.
PENDANT requested him IN August, 1869, 10 bring
Root 10 her. and that on the I'd OF An
gust she again requested him 10 telegraph for him.
Counsel defendant read affidavit OF Mr. Gage con
tradcting In part, what Mr. Root had stated OF tie IN
teryiews with him. Another affidavit was put IN 10 the
effect that, shortly before the September aihdavt Mr.
Root made repeated and constant efforts 10 see defend
ant. which the deponent opposed Mr. winter, In MS
affidavit says that the charge OF forgery was made
only alter careful consideration that Mrs Baldwin very
enphatcaly denied the signature to tue answer but
was not Till after the signature had been examined by
number Of people and compared with genuine signatures
by them forgery that he had consented
include that charge among their papers AFTER TINS
nterlude the main case was adjourned TO wednesday