The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-05
THE TROUBLES OF AN HEIREss.

The story OF Mrs. virginia c. Burke daughter OF the
ka,e Captain John Alexander, around whose death
there claimed to be my sery and about whose
fortune there st litigation already quite familiar
80 the readers OF tho HERALD. During the month of
February, after q years struggle Mrs Burke OBJ
tanned a verdict against the Gardeners whose house
her uncle died. for $4,000 and over that being tho
amount of bonds which, IL was claimed Captain Alex
sndcr had his person at his DEATH and OF which
asserted the Gardner family had got possession.
After the suit against the Gardeners had been CON-
menccd bonds to the value OF IS, 600 and cash
amounting 10 about So 900 deposited in the Union
Trust Company by mutual consent OF parties, and
10 this OF money and bonds the jury found part
OF their verdict that they belonged Captain Alex.
snder in his life time on the Sd of March last A. H.
Dawson, who had been counsel for Mrs. Burke the
trial TO tho Union Trust Company and, with
consent OF Mr. Wheeler ii. Peckham, The attorney
the company drew thererom all the cash and
bonds OF which he delivered to Mrs Burke bonds OF
The nominal value OF 81, 900 tbut which sho claims
be worth out $4,000 and retained the balance, amount
Ing TO ,5o7 10, as part OF his counsel fee Mrs
Burke who was willing to allow him 81, 600 out OF tho
amount, took proceedings TO compel him TO pay
the balance and cnjoned him from parting Herewith
until the termination In the testimony taken ycstcr
DAY before Mr. Nelson Smith. as referee Mrs Burke
stated that Dawson had agreed TO take the
nothing ana had solicited il on those terms saying nc
wanted TO make reputation out OF u, that OF the
work had been done by other attorneys before he
Into the and his real work IN relation thereto
days. that she did consider the money and bonds
Ia the trust company practically in tho sut
aud had given instructions 10 the company 10 deliver
them 10 no one her; that sho authorized
Dawson draw them. and she thinks II hard aftcr
SIX years nght against other parties 70 get ms money
she begin another light 10 get II out OF the hands
OF her lawyer but although she did not consider this
sum in issue in the suit tFicd by Dawson, $50 Was
willing TO give him 81 900 out OF IL
Dawson, hs behalf, as 10 his services, tcst-
that he went into Jersey i've times;
sponded Judges Of the Courts here including Van
arrest; then the trial, which occupied three weeks
important oucst,ons OF law argued &C on the l2,h
December 1871, he became plaintiff attorney and
counsel; introduced 10 Mrs. Burke by Mr. Elder
who said Mrs Burke wished him as counsel 10 try her
cause he took her case agreeing 10 charge no Tee u
successful the trial; he found he had to serve
papers SIX different attorneys no took out com
missions to take the testimony OF six or seven parties
New Jersey this occupied or seven days but no
found the testimony unimporant his client expressed
desire TO have The defendants arrested, and Tor this
purpose be prepared nineteen ahidavits; be has no
doubt Captain Alexander poisoned. and died with
500 600 worth Of bonds on his person; motion was
made and granted to advance the cause the
calendar 1872 he wrote letter OF eight
pages TO Judge Van Brunt, In order 20 induce
han 20 gran, an order Of arrest, but II
refused; hc then applied for the purpose
10 Judge Loew, submitting as tho basis OF the
returned him with the inform alton TIA, he Judge
Locwl not sitting in Chambers; similar appica-
ton, made 10 Judge Robinson, was refused; on tho
lrai he had TO resist motion TO dismiss the part Of
some OF the dcicudants; there about thirty
nesses examined, some OF them occupying the stand
about nvc hours.
AZ this point ex- Attorney General Chatied said no
made question the part ofls client, Mrs Bnrkc
rs 10 the manner in which the case was tried.
Mr. Dawson continuing said the verdict
Judgment entered Tor over sol, 600 in favor OF
plaintiff: he drew IRON the Union Trust Company
"a $50 TO- IN addition tins Wheeler II. Peckha got
$500 OF The money the company's hands; he also
got bonds OF different kinds amounting 10 $1,000, OF
which delivered 10 plaintiff ave bonds OF the denom
ination OF 200 each. the plaintiff Is mistaken in
having said he urged her 10 let blin take her case
In question by the referee as 20 whether
nc tpawson1 had made up statement as To the
amount .f a claim he said no. but " no goes out Of
the case now no regards 900 reasonable
charge his services this time; he told plainun
that ii he renamed the he would leave TO any
respectable lawyer whom she might name what should
be amount OF fees but II he went out OF the
his fec would I've increased.
on minalion Mr.. Dawson stated that he DID
believe he solicited Mr. Rogers, the former attor
ncy OF Mrs. Burke him have the saying he
tnaw~onl INTENDED to do Il for nothing; Mrs. Burke
paid oil the witness fees, ud not tell Mr.. MuDson
that he dong Mrs Burkcs business free OF charge;
he believes about $4,000 Of Virginia bonds viii be
covered; there Ia about 600 Of the money in bank
and he has 81 900 bond he thinks, being the attor
ney Of ArS Burke, he had r:gnt 70 draw the money
- . III .