The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-11-04
gEoRgE DAyrORTH AGAIN.



the Dishonest Conduct Of the Republican
Candidate for Judge of Court Of Appeals.
To THE EDITOR OF THE SUN--Nr: Ny
attention has Just been called to Mr.. Fullertons
communication In THE SUN OF the LIST inst, re-
specting my statement OF the late controversy
with Mr. Danforth for moneys received by HIM
counsel from his client, which he chung to
uotll compelled to disgorge by the result of a
suit a9ainst him.
Mr.. Fullerton says that three Of the Items in the
claim were for money furnished by Mr.. whitney
to pay costs, and these amounted In the aegre-
gate to less than $500 and he thinks Mr.. Danforth
was excusable In not credltlug Mr.. Whitney With
them in the account he rendered. Perhaps he Is
right IN this--as l believe had not vouchers
from Mr.. Danforth for these small sums, some,
W not all OF them being money paid TO him
directly from the pocket.
But OF the principal amount claimed, nearly
Of the other three items. Mr. Fullerton. the
referee, saws: II also concluded that the three
rem sinng items In dispute should have entered
into the account and been credited TO Mr..
whitney therein," thus confirming my charge
81 Mr.. Danfnrtn's wron- doing aud persevering
effort TO avoid the repayment Of a clients money
intrusied to his care.
Mr. Fuller, on says also, what ia perfectly true,
that Nc. whitney sent his son, Thomas Is.
whitney, to Rochester to procure from Mr..
Dantorth a statement OF the moneys received
and discussed by him, and Of his cha, ges for
that this was not done until after MIR. whitney
had exhausted all efforts to procure the state
ment. or account by let ers and teleRf ans or
even OBTAIN any reSly from him anu THIS WAS
IN EVIDENCE BEFORE HIM.
Very soon after the necessity OF sending my
sou To Rocnester to obtain tho account when
MIR. Dauforth reluctantly rendered II, and paid
over the balance, AZ ne stated IT, and said To my
son, may have omitted come credits get
your father to examine the account. and "
have, notify me and they Will be corrected he
gds notified, and requested to send his check
for the omissions. Numerous letters and tele-
grams were sent to MIN IN eference 10 the otiiis-
sions, but no reply oould he had to any OF these,
Dir. Dantorth perseverins In mis- silence ami huld-
Ing on to mis- clients money! Now, II seems to
me more tn n a iayman cln understand, under
Mr.. Fullerton hnds that there IL no room for
even su-p icion that Mr.. Danforth designed to do
SAYS, is an extract" from "the opiuion."
This extract Is the only put 81 the opinion l
ful aud aoout week ago called on Mr. Fall
lertOn and asked min to allow me to take q
copy Of 1t. lie very kindly ssid he would " ne
to Mr.. Daniorth. and that he did not keep a
copy. Yea /, seems he hal 1t. 10 q,ote from. in
his letter to fHR Sun OF the bun ultimo.
Neither myself nor Z. b. whitney have been
anie to ootain copy of Mr.. Fuller
tons op'n,on' though every ,enort was
MIR. strahan, besides my personal application to
Mr.. Fullerton. Whether tho fact. rs under
stand. 81 both MI otrahsn auu Mr. Fullerton
being. ike Mr. Danfortn, Republicans, had
an, influence In preventing ", toe reader must
L. ~
Whitney at the time that ne had read sir. Ful-
lertun's opinion. and repeated to me recently
,nat Il cont tined a paraxraou about Ike tais I;
TORN, am constrained TO believe TO the con-
trary."
the 18TH June That was tue day the last he r.
ins wis had, wnen the case wis &C journed, on
| Nr. strahAn's making d d. mand THAT the referee
order MT D1ufortn 10 produce hts books, aud
give the parties notice Of the time Tor another
bearing IL would seem that the referee found
ne ga and no AT Mr. -
strong enough To convict him trtth0W the books,
aud Nr. Dinforth had no wish to produce
Danforth was informed tnst Judge Fullerton
mad decided the case against him, he Fastened
and to escape the danger Of the judgment,
aud "a record OF tue ease being made more
| public against him. Mr.. Fullerton's decision
| from the evidence and award OF toe PRINCIPAL
| amount claimed VI Mr. Danfortb, tI096.62.
| with Interest and costs, l think, sufficiently
| condemn Mr. Danf0rth, and Justified my de-
mand uoon him. II IL is coi,sistsnt with the
| rules OF propriety In a lawyer Of MIR. Dau-
| forth's reputation with those who have not ad
| trial of him. to keep a clients money, and re-
fuse to answer any Inquiries respecting 1t. will,
when convinced that such course Ia proper.
| accord to sir. Danforth all the merit be may 10
| entitled to.
| Mr.. Fullerton says; "The correctness Of hts
Professional services t4.i0O). nd disDurseme ts
(sl.045.93h was In NO wlss brought into Ques
quietly TO the exorbit mt charge for his ices, and
I ~ the Iumpiug charge Of tl,0459 for disburss
ments; and thus large sum was independents Of
the three small items VI Dash for costs paid to
| Mr.. Danforth by me, IN addition To the ABOVE
charge, and ~hicn are the tntee lieu Mr.. Full
lerton THOUGHT Mr.. DanfOrth nigga, withhold
credit FOR In the account.
| On receiving the account doubted then, as I
| do now, whether Mr. DanfOrth could itsmize
that SUN OF tl,045 o. for disbursements, OF make
| up ANYTHING IKE tnat amount. "a actually dis
| oursed by hun, for expenses IN the case. lis
| unwlingness to produce his books on the trial
to sustain MS theory IN tnat case pretty Cd AT
| evidence against nlm, and tnat his books would
| not bear Inspection.
| Mr.. ID 'nfOnh's management OF nv case and
| his actions Throughout the trials were in sad
| contrast VITA the reputation | understand he
hau borne ~ lwyer,and his actions we're highly
| unsatisfactory to me.
| Mr.. Fullerton's attempt to veneer this candi-
| date OF his own party IN politics, does not. IN
| my estimation, cover the plemish on ar. Dan
| fDrth's character
II for the electors OF the State Of New York
| to determine MIR. Danfortn's ntness for tue high
| position 10 which ne aSplres, ard to cay whether
| he ought 10 be clothed with the unsuled
| ermine hitherto adorned by the distinguished
| gentlemen sung in the Court Of Appeals.
| f. ID. WHITNEY.
l.6ii WALNUT STREET PHILADELPHIA, Nov. .
| E7o.-Adp.