The New York herald., 1879-10-15
NINE. RESTELL'S LAWYER. !

When the late Mrs. Ann Lohman, otherwise
known Mme Restcll. was arrested a charge Of
being abortonst and indicted by the Grand Jury.
she retained her counsel Mr.. Orlando L. Stewart
paying him $3.50 retaining fee. and giving to HIM In
addition certificate of deposit on the Shoe and
Leather Bank for $4,000 for disbursements and
tngent fee her acquital and discharge Four days
later Nine. Restell committed suicide. which of
course terminated all proceedings against her. Tho
executors OF Mme Restell have instituted proceed
ings against Mr.. Stewart to recover the amount OF
the certificate and through their counsel obtained
in the Supreme Court an order to show cause why
he should not pay to them this sum. Tho petition
upon which the order was granted details history
arrest. including the payment by her OF 500 day
to the officer having her in charge, on his
not taking her to prison pending obtaining
bail and other facts heretofore fully published The
petition further states that when Mme Rostcll gave
tho ten thousand dollar certificate to her counsel
she was i'll such condition Of mental excitement
not to know what she was about Mr. Stewart. in
answering affidavit gives ut length his side Of
the story. He says that he only consented In the
first place to act as her counsel condition
that she should abandon the business in
which she then employed and make
accustomed carriage and livery. He adds in this
connection that having been in the business forty
years and frequently arrested, she fully compro-
hended the peril or her position and the necessity
OF large disbursements OF money. The certificate
aud subsequently, paid from it S6.025 disbursements.
including Sl.O25 paid to two assistant coun-
pense fer his own services. There was
lengthy argument in the matter yesterday before
Judge Barrett, III Supreme Court. Chambers. the
ccutors OF Nine. Restelis will being represented by
Messrs. ]. Halleck Drake aud j. 8. Millard. and Mr.
Stewart appearing on his own behalf, aided by his
partner. Mr.. Vickey. The argument at times
quite heated, but new facts additional to those
already given were stated 1t was simply
having committed suicide so soon after employing
Mr.. Stewart. the $3.50 paid him retaining fec
was ample compensation tor his services and any
pJfii al leha tnpn
Stewart. on the contrary, claims that his labors
in the case were unremitting and required great
professional skill and care. and that her committing
suicide did not lessen his right to the contingent fee
The question. AZ will be seen, is rather q
watched with interest. Another phase in the
Is the pendency of suit brought by Mr.. Stewart
against the executor for $4,000 in payment for
services rendered ny him to the estate since Mmo
Restolls death. Mrs Stewart says that the insitu-
ton OF the present proceedings was instigated by
his bringing this suit.
UNCLE SANS SAILORS ON SHORE.
''He gave hitch to his trousers which IL q trick
all seamcn loarn"-that is, John II. Griffin, in full
man-of-warsman's rig, performed that traditional
operation yesterday morning when he was placed at
the bar Of the Court OF General Sessions before
Judge Gildersleeve OH charge OF grand larceny.
He was accused of purloininp from one Patrick
Burns. a horse dealer from Boston, tho sum OF
S1400. Griffin, who belonged to the United States
steamer Powhatan. got "liberty" aud took in tow
ha friend John Voccer of the United States steamer
Colorado. They steered toward the city, and with
the helm working on its own account they got
adrift but managed to haul up at No. II
Pell street, where Mr.. burns had gone to
visit some of his relatives, among them his
brother Thomas. who also in the navy. Tho old
man Burns. the horse dealer, and, indeed from the
evidence disclosed In the Court OF General Sessions
NIL hands induged pretty freely In beer. and the
suit was "a general joihcation. Burns, with his
$1,400, lay on lounge and felt somebody tugging
at his breast When nc awoke his wallet was gone
Griffin had disappeared, and suspicion falling on
him he was arrested while near the Navy Yard The
accused denied all knowledge Of the larceny.
ring that he lett tho house because he had seen
friend In the street. The jury acquitted him.