The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1880-08-05
.AN OLp sUITREYtTl-YI.RI,plls.. d
A R'robebitify shlss tsss 1shhilc v.is Get =
Gaimpse OF the Short cSt 20 Fottpns jsi.iala
seplo Eawyera Knpw How 70 take.
Nesrs and C5s,iYisr. Is.
CoLUMpiA, July 3

. ~
N1rs and C5sirser. Z, IS ~
GoLUtTaiA, July 90.
The cnse of the State OF South Uagolina
against Corbin q Stone, tbetyial nS which
yas commenced in Che Cslprt OF Common
Pleas heza to-day, Judge Hudson pre-.
siding, promises to be long and interest
ing, There does not sem 10 be any very
eangnine hopes OF fScoyerihg she s28, 600
which the counsel have pocketed iii'the
.yshyi Of fees, for the reason that neither OF
the defendants arc known 10 have any.
thing tangible Ia tho way Of aasete, but
the pleadings of the evidence will doubt.
less throw some light upon what has
neretoiore hsen considered o very dark
and mysterious traneaction..
THE HISTORY OF THE CASE. q y
T The suit against Corbn arose upon
the collection by Corbin a Stone OF GER
tain phosphate royalty from the, Oak
Point Mines in 1876. Corbin & Stone.
u seems, wero employed by tho State.
Chamberlain being Governor, TO under
take the suit against the comp :--,toire-
cover the amount of royalty alleged 10
have been due the State. The auit was
commenced on the 9th Of JULY, 1874, and
on the ilth of November they recovered
Judgment for &2S 900, which amount was
paid 10 Corbin s. Stone by the Oak Point
Mining Company. Out of this amount
ssi5 Ssase claims that s., ,740 was due to
CorSsn d Stone as counsel fee. and thaa
the balance, S24, ,2f0. belonged 10 the
State. Ccrbin & Stone, however, paid
to the State treasurer $206. .06 and claimed
the balance rs their fees. The suit is
Therefore brought TO recover S24, ,063.94,
with interest from the l1th Of November.
1874, and cost. 81, ,s, ~ ~
b, The Nefendauts In their ansver admit.
the receipt of the $4,000, but declare
'saat Stone retired from The firm In Sep.
sn,nher, JST7. They claim that they were
eLtitie:. 20 622 per cent. of The AMOUNT as
cuulsel feee. samountsto $I7, GAG. go.
to which add S325.60 Disbursements, az.
gregataa 81, ,972.66, leaving Slo, ,262. .66 10
be 'act 7nted for to the State. This
amount, Mr.. Corbin claims, has been ad.
counted for as follows /: Foflegalseryices,
In the Savannah and ChEriestou Railroad
caseaI in 1876 lin re. Daniel Handr $1O!-
058.6O, leaving q balance ofS206 .0G, vhirh
they say they paid into the Stats treasnry.
Ihe defendants elao claim to ilave
loaned Cardozo, the spurioua State treas.
urer, in December, 1877. 2l8, 1870, which
wee ,.sssss. e 7'ing of the Mackey House
(which elected Corbin TO tho Senate, for
which no holds the pay certificates Of CD
uiembors of the Mackey House and lp
memhers OF tlss Mackey Senate.
s. The suit came up regularly for trial In
tine court to-day. Tho State Ia Tepyesen-
ted by the attorney general, Leroy; +.
Yonmans, Esq, aud Mr.. 6. II. Miles: Of
Charleston, and the defendants by Amos
u. Ackerman, of GeofEia, and Wm. E.
Earle, Of Greenyille. s.atsa5isl 1,s..I,'l
9 Mr.. Earle did not make his appearances
In court, and Mr.. Corbin stated that he
had received q Telegram frotf, him statitls,
that he failed TO make connection c.l the
railroad. He said his case could not 20
on without the presence of HE conn.
sci. m ,,s.i .i,.s5ss f '.I'' l1, ~
The nttorney.general gnid tho State
would not take any advantage of the at.
serce of the counsel, but tie State liad
two witnesses from ChaflesIon fAIessrs.
A. D.. Cohen and Henry Buist) who Were
compelled by professional engaEe2aeiits
to return to Charleston tonight, and
their testimony was regarded 70 impor-
tant. .5, 81
Ateer some consultation II was decided
to begin the case by reading the pleadiDgs,,
and the jury was organized after which q
motion was formally made 70 strike "a.
from fhe answers apI dismiss all TIN.
counter claims set up by the defendants.
The argument on this motion, however.
was postponed until the arrival Of Air.
Earle. ei i55.il 81 as {;
Mr.. a.. d. Cohen was then called as
tho first witness for the State. He testi-
fed that he was the scfeTence iii the Oak
Point Mines suit alluded to In the plead-
inga. The case was heard By witness in
Charleston and no made report as to
the fees Of the counsel. In determining
the amount of compensation, he took tho
testimony OF Messrs. Brist, Magrath, Il.
Simons and Simontbn. Corbin
q Ston& also appeared aud issde state
ment - their claim against the State, i6O
10 SO ret cent. OF the amount recovered
in the Judgment The testimony Of 7.
<. Simt,ns recommending rs per cent.
also of 81. Buist recommending the eau.e
percentage, of O.. II. Simontop Yecoul-
mending 90 per cent. aud disbaTssments,
was resd by the witness( Tho witnessalr
30 read his own report recommending
623 per cent. and the Disbursements as
the proper compensation. The only
ildnaent That was bronE Ebbtt 20 the attention
of the refsgee at that time was q decree
for Sc, 1884. an
a very etrennnna nhiectinn nus rr:ro !
hero by the defendants attorney, who
claimed that the jndgmen could not be
explained or proven By parol testimo-
NY. ss6 lg.
4; Judge Hudson ruled that the witness
could not state whet amount iie iind ref.
esence to in awarding the percentage tInt
less he knew as q substantive fact what
amount had been actually collected, II
the g. I'd &c, t T5f7 TINT tf1STe
was decree before that fixing aa amount
they must ,'fose 1t by the docfee itself.
The question was then asked: What
amount had been collected al that tims?
AnsBer, So ,9s4. Witness knew this
I. s s.s.sasstnd hr all tha r
erence. that vas the amountto which the
percentage had reference. This Waslthe
general understanding DC the reference!
The lawyers who testified cap1e ae Mr.!
COrbin's suggestion and as RitnesB' re1
quest. In November, 1876, witness rel
ported that there was s&Ss22I I016 due the
State. Nc reference was had TO this IN
considering Corbin Is Stones percenl
tage. taS
Gross examined Witness stated tiIas
he did notsay whether or not Corbin hc9
tually told him that S5,eSa was iIlo
amount collected. That was she undaY,
standing upon which Corbin acted. Wit
Eess knew tho amount that had been eds
Judged, and Corbin knew that witness
knew il.
Mr., Henry Bnist ives next examined.
he test fled that he had beed relrested
By Mr.: CoSbin to give hia opinion upon