The New York herald., 1871-01-15
KITES AND KESTRELS
How Lawyers Victimize
Their Clients.
A Weeping Widow and Lachrymose Lawyer-A
Leaf from the Diary Of an Attorney.

during the asr week case OF unusual interest,
not alone to the members OF the New York bar, but
to the whole community has been on trial before
Judge Larrcmore, In Part OF the Common Pleas In
which respectable German lady, Mrs. Eliza schoe-
nig owning considerable property, Is the plaintiG
and New York lawyer, Mr.. Reuben w. Van Pelt, IL
the defen ant. AT the time the case was opened a
brief synopsis OF 1t appeared in the HERALD, but
during It's progress the evidence has developed
facts revealing, to say the least some "curiolsn
matters In relation 10 the manner In which this par
ticular gentleman protected the interests OF his
client. whom lie launched into the hazardous sea Of
litigation. ES-Recorder smith conducts the case
on behalf OF Mrs scnoenIg while Mr.. Van Peit acts
IN his own behalf
THE PLAINTIFFS TESTIMONY.
The plaintiff In 1854 as she states lost her hus-
band by death. she was left the inherllress Of his
property to the amount OF some $4,000 the title 10
a portion OF which was what the lawyers term
''couded." Mrs. Schoenig alleges tnat she en-
ployed the defendant to remove this "cloudn from
her property and TO forecloso mortgages which she
held other property. Mr. Van Pet applied himself
asslduously 10 the case, and the litigation continued
about seven eight months. Plaintiff charges tnat
the greater part OF the litigation was conducted In
one OF the State courts Of New Jersey, before Chan
celor Greene and that there the matter was con-
Quoted by another lawyer. named Fleming, VINO
ceved S126 for his services ana that the entire
pense Of the proceedings should exceed $4O0 or
$45O. The evidence further showed that Van Pelt
had realized from the property
OVER $4,000,
and that, allowing for ali the necessary disburse-
mcnts and counsel ices, the defendant owes her
$4,000. Mrs. Schoeng testfes that when the liti-
CATION was ended and the money realized for
nearly year she was continually running after the
defendant to get Settlcment; tnat on various occa
slons she waited Mt his Office or entire days to see
him, but could not; that on these occasions she was
compelled to borrow small change from those ~ the
Office pay her car fare; that Van Pclt on
such occasions had given her as low as
TWENTY-FIVE CENTS ON ACCOUNT;
that by this means her whole property has been
taken from her and herself reduced 10 an utterly
pOverty-strlcken condition.
CoRRoBoRATIvE TESTIMONY.
A Mr.. Cary formerly partner OF Van Pelt AMI
several other witnesses gave testimony strongly con-
frmatory OF Mira Schoenig's statement on the stann
and showing that her interviews with Van Pet were
always III ms private room, the door Of which was
carefully shut and locked; that on one occasion she
came out VI the private room crying, and he fol-
lowed her,
that he had frequently given her checks on the bank,
which were .'dIsh0nored" ON presentation and that
she brought them back and let them with hin; tnat
Schocnig TO meet her ut his ollice, but on these
occasions ne would rema away from his ONCE
a aay hs 1a o one SaS m as e sns o
that she had been there and sand that he ought to
settle with her and not TO have her constantly run
ming after him in that manner. Referring TO tnis
last OCCASION witness testfled that ne said to
the defendant, '.MrS. SchUenig says
you COLLECTED $4,000
OF her money anu you have only paid her So 600 out
OF lt;' ami mat the defendant replied,
THAT Is A MISTAKE:
have paid her all but So 000;' that this converse
ton was almost Immediately before The bringing OF
the present suit and that defendant did not pretend
to any agreement as to getting one-af of the whole
pioceeds Of tile property for MS services
The defendant contends tnat Il reasonable fee for
his services would absorb all tho money OF the paln
TIL which ne has retained; bnt he says he IL disposed
uhntIu nlls .,nre
entered INTO between him anu Mrs. Schoenlg,
whereby he was TO receive one-han the proceeds.
Other lawyers who gave testimony on the stand
WITH MR.. VAN PELrs ESTIMATE
OF fees Tor legal services OF the character rendered
by him, and state tnat his charges are exorbitant
and beyond the mark. Defendant further says that
he devoted himself for seven months 10 Mrs.
Schoenigs case, The exclusion OF all other prac-
tce which, he says was worth then $4,000 year,
and That he took charge Of this litigation only OIL The
earnest request OF Mrs. Sch0enig.
TIE AGREEMENT.
In regard 10 the agreement for one-salr the pro-
ceeds Mrs Schocnig emphatically contradlcts Mr..
Van Pet and swears furtner that he frequently pre-
sented ncr papers TO sign which she did not know
them the defendant i,pbraded her and told her sae
must have confidence In her lawyer; That q sum Of
money which he had paid her. and which had been
81 len out Of hcr pocket IN New Jersey Car,
was only $780, and not IS, 500 as defendant alleged.
Another witness swore in corroboration OF PLAIN
he saw on the defendants desk blank power or
attorney executed by Mrs. Schoenig and duly
judge freedman, who, previous to his elevation to
the judiciary, was connected with portion OF tins
litigation in opposition to the DEFENDANT was placed
on the stand and swore that OH one occasion he was
shown the diary oil The defendant estdencc OF
payments made Dy him TO Mrs. Schocnig ana that
his suspicious were then aroused by the fact that the
Diary contailed almost nothing Dut these payments;
that In one OF the suits he (wnnessl settled with the
defendant through the advice OF Ex-Recorder Smith.
VINO said 1t Was better 10 settle, because the deiend
ant would have the last swearo
Mr.. Cary. deiendant's former partner, contraicsed
his statement mat his (decndants) wnoie tiIle
occupied Tor seven months Ill Mrs. Schoenlg's case,
and swore that defendants other business went on
during tnat period rs usual
The case Is sill Oh.