The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-11-01
cropnE y. D1wrnpru.
Reply of Mr.. stephen W. Fullerton 10 Nj
Mbttney's ChRrge- Against Him.

of
Mhttneys ChRrge. Against Him.
10 IL EDITOR OF THE SuN-Sir: Hav-
ing read IN THE Sun Of the 9th inst. - onmmu-
nicaiion from Mr.. h. l.. wnitney. res"-e'ing an
action racon,t. -, me, ~ referee I'm
which RE- rso'"'I' T., Whitney was plaintiff. and Mr.
Ueorge +. Dinf nth, the Republican nominee
for Judge Of the Court OF Appeals. was defend
mt, think Il duo to the latter gentleman that
should make ana ask for the publication Of the
following statement;
The following facts appeared from the testi-
mony taken on the ual. In 1868, ten or more
actions were brought IN the Supreme Court
against Mr. f. ID. Wnitney, the places 81 trial Of
which were the counties If Monroe, Yates, and
ontario, aud no employed Mr.. DanfoIth - his
attorney to defend such actions Mr.. Danfortn
attended many circuits In the counties named
and finally tiled the causes, which TRIALS result
ed adversely to NJ. Whitney, ana judgments
were recovered against MN IN the severl suits
Appeals were taken, and the litg tons we're
nnaily terminated In the Court Of Appeals by the
sfh finance OF the original judgments.
During the pendency OF the actions, Mr. Whit
ney made. and caused TO be made, various re-
mittances OF money 70 Nr. Danforth some Of
which were on account Of the latter's profess
sonal services IN the suits others were to meet
actual disbursements incurred by him. and still
others 10 oe Id by Mr. Danforth To- opposing
ATTORNEYS AZ costs allowed at circuits by tue
eourt on lostponomont OF some Of the trials.
AFTER ne nnal deGisl9n IN the Court OF Ap7
!n Mi. Danforth's hands certificate Of deposit
from the house OF Belmont Co. for $4,000,
with instructions to pay out Of the same the
several indQments which had been recoyere
a. inst hin Mr. DanlOrth compiled with these
Instructions, aud pa and satisfied the judg-
son, Thomas Is. hiiney, to Rochester to pro-
cure from Mr. DanfoTth a statement of the
moneys received and disbursed by MIN, and OF
his charges ior professional services. MIR. Dan
forth thereupon made out statement and gave
IL TO me son 10 winch he credited Mr.. whitney
with sfl.tl1ol, being for various sums RENTED
~ above stated. including the amount OF the
Belmont cer,i hIate.
IL.
FOR professional services, s4l0O for disburse-
ments l,Ii by nun ia the several suits $l,0i5 ~ !;
nor as,n suW pay 10 Se'slsm ssa OF jldements
balance oil tlpHBs IN bis hands belonging to
MI whitney Tor which balance MIR. DanfOrth
then and there gave his check to young Whit
Dey, saving to MIN that II any credits were
omitted from tho account he would pay them
on being notified. MIR. Whitney claimed on the
trial thathe 1ad during the tendency OF the
actions against MIN made, or caused to be
OF money, with which he was not credited in
Mr.. Danforth's account az rendered, anu the ac-
zion against Mr.. Danforth was brought to re-
cover the sum OF such remittances.
he trial ended on June 10, 1870 Mr.. Danforth
saying at that time, that II on an examination
OF the testimony / should be Of the opinion
that he ought to have credited Whitney in the
account rendered with the disputed Items. or
any Of them, no would pay them on being
port TO DO hled, or Judgment TO be entered
against him.
After consideration II the facts as proven
on the irlol cane To the conclusion that one
Of the disputed sums was embraced IN the
credits Glysn to NI. Whitney IN tho account re-
feTred TO; that another was furnished TO pay
Itcnograuhers fees In taking testimony that
Itili another was furnished TO pay costs 81 Cir
rult to al opposing attorney; and that neither
OF tho said two last sums should have been
credited, lndanuch az MIR. Whitney made no
Charges iu his account Tor their payments. |
slsu concl 1ded that The three remaining Items
IN ulsuntv should have entered into the account
Ahd nerh 'tedit'd ~ M. Whitney therein.
=, W., DdNluflh did NOT ucny having received
me TX sums reirued a., but insisted that the
hNe NOS credited az above stated should not lie
hHoWeu ny MIN against the services and dis.
Dursentui as thargod ia the account rendered
out should 10 Otherwise aUliled. ~
1 hled no written decision, but neyerthelesa
feuuceu my YlcW- 81 the case TO writing In The
form Of an opinion a. 10 the disputed Items, and
to which called tho attention Of the httotne,s
for the respective parties. THIS opinion ~ -
written ana made known several dayB before
MIR DanfOrth's nomination, and hence no part
Of II was In anY Wlso Influenced by that fact. |
make the following extract from the opinion:
Z" have reached a conclusion ~ this case after
a thorough examination and fun, and trust a
candid, consideration Of all the testimony
There IL no room for even suspicion that Mr..
Danforth designel t. do any wrong 10 Mr.
whitney by Quitting any credit from the ac-
count
| Was Informed by Nh. Robert II. strahan Mr..
whitney attorney that as soon as Nh. Dan
form wa anprsed Of the result he paid the
amounts allowed against MN.
talhk can Win prOpretY now add that the
triIl Of lhe acton heiorv ne disclosed nothing
ha,,J ~ 10y Judgment did or could reflect IN