The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-08-31
MISS GlLMAN'S FORTUNE.
SUIT WHICH RAISES A QUESTION OF HONESTY
AGAINST LAWYER AND JUDGE.
TBY TELEGRAPH TO THE HRRALD.1

tBx TELEGRAPH TO THE HERALD
PORTLAND, Me-. August 80. 1878.
There was argued before Judge Clifford. OF the
United States Supreme Court, assisted BY Dis
Tict Judge Fox, in the Equity Branch OF tho
United States Circuit Court, in this city to-day
a which forms part of very Important series Of
litigatons, and, to some OF the parties concerned
evidently painful and Improbable series. In De-
esmbsr, 1850, Nathaniel Gilman. q native OF the
State OF Maine, but for many years merchant In the
Swamp, in New York, died at his country residence,
In Waterve, this State leaving property then est-
mated at Sl,60o,000 He had been twice married
and had BY both wives ten children surviving, among
whom his estate was 10 be divided, share and
share alike BY the second vile there survived three
brothers and one daughter, Anna K Gilman. Mem
bsrs OF the older branch Of the family had tho prin
ci3al management OF the estate, although Miss Gil
man also executrix under the WILL and she and
her younger brothers have ever siLce claimed that
they have not been fairly dealt with the distribu
tion of tho estate, and that large amount which
should have boon part OF their shares has been
lawfully wasted IN litigation, ana In somo instances
misappropraied to large amount and that NO salts
factory account has been rendered to the
younger children In respect to that . litigation Is
now pending in New York courts. -faea
ALLEGED SHARP PRACrIoE By COUNSEL.
portion Of tho dead merchants properly was in
the State Of Name, and in respect OF this Miss Gilman
found necessary execurix 10 employ the aid OF
counsel and Artemus Libby, sDce appointed a Judge
of the Supreme judicial Court of Maine. called in
for that purpose, and result property which Miss
Gilman values at $4,000 fell into his hands tor SER
vces Is in relation TO this property that the pres
ent SUIT Ia Maine instituted. In her pleadings
submitted TO the Court Miss Gilman charges that IN
May, 1867. she arranged with udge LIBBY TO aid her
counsel, tho understanding being that he
was not 20 ask any pay until the
money realized IRON the estate. With
this understanding, she says, he proceeded until
1872. when she asked him to present bill SO that 1t
might he submitted to the Surrogate In New York
and allowed y MIN GU, OF the estate. bin wasthen
presented Tor $685. ABBOTT year after defendant at
.achsa the property IN question claiming an aceumu
lated debt OF 5000, anu, finding MISS Gilman tempo
rariy In this State, served her personally with
process This he did, according to what he told her.
protect the property against other parties, and
said ali he would DO would be 10 perfect his security
and would take no advantage Relying on that she
says she went to New York and did nothing further
in The case, and the result that he entered judg
ment against her individually had the property sold
out an bought It In for the cunt of Judgment
taking decd OF It from tina Sheriff II Is to set
aside this deed and all tho proceedings on which Is
States Circuit Court tt.
JUDGE LIpBYs STORY
The other side Of The case Is, OF course, denial in
many respects oil these statements. Judge Libby
claims that MISS Gilman did not meet ana arrange
with him to act as her COUNSEL until one year alter
ally for seven years as individual. and not
ecuxix and that he agreed wait for his fees
stantially, MISS Gmsn's statements as to the rep
reservations made to her after hts suit had been
10 sscSre himself sss,nss claim Of one Baker
for 81 600, and II was his purpose TO allow
her 20 redeem her equity within the time
provided by law. In rsspcc. 10 q claim
made by the plaintiff that tho defendant rendered tue
judgment under which the property was sold after he
was elevated to the Bench and 10 his own favor, the
defendant alleges that though the judgment
dered at term held by nm. he was not sitting on
the day which the Judgment was rendered. Be-
fore this suit commence q cersiasd copy Of the
judgment record was obtained by the plaintiff, in
which the doondan.'s name appears both judge
and plaintiff in that action but subsequently cor
recton OF the record Was mads BY adding the name
behalf OF the latter that Judge Dan.
forth who on the day judgment was rendered.
ANOTHER xYrANGLEMBNr.
this suit was commenced the defendant received
from one Nixon the amount Of his judgment IN con-
he already held small mortgage. and believing tnis
money, no alleges. 10 have come from Miss Gilman,
ciarss she had nothing do with Nixon and insists
enforcing her rights against Judge Libby, so that
now nsnss moSev por dec" ON
Yesterday the plaintiff was represented by Aossrs
Wellesley W. Gage and $. D. sewards Of New York,
and the defendant by r. I. Snow, OF this city, the
arguments being mado by Messrs Stewards aud Snow
on The respective sIass.
The first named gentleman, IN long argument on
behalf Of piann claimed that, taxing the version
defendant, he (dsiendanu was prevailing upon the
plaintiff the belief that he seeking security only,
aud would wait until she could get the money from
the estate 10 pay the bill BY impressing her With
this belief be expected TO aay her apprchsnsons and
get approve his steps, winch he represented to
be for her benefit as well his IN preventing an un
just assault BY another and hence got her to make
defence 20 bis claim. THIS, counsel considered, was
FULLY demonstrated by the language oi defendant used
In his letters 10 Miss Gilman, a large number OF
which were submitted in Tho case, as also
by his testimony. Respondent, At the time
OF making tho promise not 70 CLAIM forfeiture Knew
that he was holding out something beyond his control
unless he meant to play with the interests Of his
client. Somebody else might have bought NJ the
there writing N evidence the alleged promise.
After citing a number OF pouts In the evidence winch
he claimed showed the paint,n g statement 10 stand
ntradlcted Mr.. Stewards concluded his argument
by Quotations OF law showing the right OF the Court
set aside sale, aud urged that equity and justice
10 an hsiress whose fortune has oeen almost ex-
It DO done.
rAKEs THE PAPERS
At the close OF Mr. SewarGs' argument Judge
Clifford made The personal observation that ne had
requested both the predecessor Of Judge Fox aud
that Judge himself 10 examine the records previous
to argument. tor that reason he had associated
inasmucb one judge had already studied tho evil
dence, and ne himself would do tue Same IN ing, they
not deem 1t necessary 10 hear argument on the
sids unless Mr.. Stewards should avail nim-
furnish, written out, some new p2ints advanced oy
him IN his argument, but which were not IN the
printed briefs. THIS made II unnecessary on the part
OF ME. Snow 10 make auy argument at present on
behalf OF Judge Libby, tho defendant and the case
was then allowed TO sand over undecided subject 10
those conditions. untii next THURSDAY largo num-
seemed excite Interest tho result among
those familiar with the parties.
CUSTOMS TARIFF IN SPAIN.