Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-12-21
COTTON VS.. COTTON.
A Milnonaire's laughter and Mother In
Want.

WANT.
When Mr.. W. W. Foote went to bed on Tuesday
night he fell asleep in the calm conviction that he
was regarded by all his feow-citzens as a firm,
h. nest, consistent opponent of the railroad COM
p1ny. On Wednesday morning friend asked him
If he had seen an attack on him in morning paper
Mr.. Foote had not the attack, but he would
lock He looked and saw that one of the counsel
for Mrs. Ellen Cotton had insnuated that the suits
brought by Mr. FOote in the United States Court on
behalf OF Mrs. abigail and Miss Martha Cotton were
devices OF the archrailroad promoter, C. ?. Hunt
ington, to worry and annoy the said Ellen Cotton,
and that Mr.. FOote, the great anti-railroad cham
pion had been used to further the ends of the cor
poration. Some men, when attacked by insinuation,
content themselves with ssying, Wait until set
charge is made; l won't fight cur too cowardly to
say openly what he thinks" Others say nothing,
and others again make haste to protest Ar. Foote
chose the middle course. He said nothing; but
when interviewed by alta reporter his indigua-
ton given full scope, and he gave the following
history of his connection with the Of Cotton vs.
Cotton:
Mr. FOOTE'S CONNECTION WITH THE CASE.
Under date of September 90, 1888, he received
communication from the New York law firm Of
Allen, Talmage L Allen, asking him to prosecute
suit against Mrs Ellen Cotton, widow of the late
David Daniel Cotton to force her to fulfill the terms
Of her deceased husbands will, in 50 far as the
compliments were concerned. The letter was an
ordinary business letter, and contained the request
that if Mr.. Foote could not act for the complainant
did not wish to go into the case, he would serve
the papers forwarded and notify Allen, Talmage &
Co. at once. In case he wished to act, moderate
retsiner offered, and he was asked TO name
what contingent fee he would accept Mr.. FoOte
answered this letter in due course, accepting the re-
tIiner and stating that any reasonable percentage OF
the amount recovered would meet his views. Sub
sequently he wrote Talmage & Co. that Mrs. Ellen
Gotten was engaged in q lawsuit with the Central
Pacific, which he believed would be compromised
and if she was successful he had doubt that she
would make liberal settlement Of the claim he had
undertaken to prosecute. He advised no haste in
pushing the claim. Before this letter reached
New York, Allen, Talmage d Co. sent
telegram, requesting him to hle
the complaints at once, take copies
thereof ana notify them by telegraph. In a morn
ing paper Mr.. FOOte had seen statement from one
Of Mrs Coltons attorneys intimating that the sult
brought by the Eastern Caltons put up by the
suggestion of C. P. Huntington, for the purpose Of
harassing Mrs. Ellen Cotton. This suggestion
grieved Mr.. FOote. II placed him in an improper
position As opponent OF the railroad, and q
Railroad Commissioner, he could not and would not
accept any business from them, or any business
with which they were conaected. II any one init
mated that he knew, or even suspected that Hunt
ingtcn was behind the Cotton suit, they did him q
great injustice. He took up the case of these two
poor women in the ordinary course of a lawyers
business, and if he thought that Huntington was
behind the case he would throw II up IN an instant
All he knew Of the merits OF the case was in the
complaints sworn to by Mrs and Miss Cotton, copy
Of which the reporter could peruse at his leisure in
the United States Court. He had written to Allen,
Talmage & Co. asking If any member of the rail-
road company had in any way influenced his being
asked to take charge OF the suit. II So he wished
to Withdraw from the case at once, and return the
retainer
THE COMPLAINTS.
This case Of Cotton VS.. Cotton has attracted con-
siderable public attention, yet 50 far but brief
mention has been made Of the facts Such in
formation as is available for publication all comes
from the two sworn complaints filed in the United
States Circuit Court. The first complaint is sworn
to by Mrs. Abigail r. Cotton poor old bed-rid-
den woman, now residing in the State Of New
York After recting the fact that the late General
Cotton was her son by her own deceased husband
Isaac Cotton, she states that when her son Iavid
died his will contained the following clause, and ap-
ponds 4 copy of the will in proof thereof:
81 recommend to her this wife, Ellen Coton) the
care and protection of my mother and sister, and
quest her t6make such gift and provision for them
as in her judgment may be best. / also request my
dear wife to make such provision Tor my daughter
Helen, wits Of Chttenden Thornton, and Carrie,
as she may in her love for them choose to exercise"
Says the old lady in her complaint, which almost
scars above its dull legal yerbage to real eloquence
in voicing her wrongs and suiferings the wife of
my dear has utterly failed, neglected and re-
fused to make proper provision for me-"
THE WIDOW COTTON
in San Francisco, reyeng in all the luxuries that
money can buy, fl ie horses, carriages, servants
and surrounded by friends and relatives had obeyed
poor old mother and sister IN manner evidently
very satisfactory to them The second complaint
continues
MRS. Ellen Colton's estate is worth fully a
million dollars yet in spite Of this vastsum being
at her absolute disposal Mrs. Helen Cotton has
utterly failed, neglected and refused to make any
gift or provision whatever, except as herein set
forth On March l, $780, $50, and from that date
until January l, 1881. sums OF $50 at Intervals,
amounting in all to $500. On February l, 1881,
5000 cash, anil on November, 1881, $500, making
total OF 81 800 in all, doed out by the millionaire
widow since the death OF General David d. Cotton.
am now in my 18th year, and for many years have
been in feeble health. Sickness and suffering have
made medical attendance constant necessity, and
also the Of my daughter Martha, sister of the
late David D. Cotton. own no goods or chattels,
real estate, no interest IN any SUCH save and except
half interest in q lot in Greenwood Cemetery, in
which my husband lies buried. All have to live
on, save and except what the son Of my late wife
gives me, is $4,000, which has been loaned out at
David. Out of the interest Of this $4,000, l have
the entire airport OF my daughter Martha who has
no means Of any kind"
NO MEANS OF SUPPORT.
This affecting paper concludes as follows:
"That by reason Of your oratr:X's very limited
income aforesaid, and notwithstanding great econ
omy in her living and expense, and the denying her
self much that would conduce 70 her health aud
comfort, your eratriX is in very much Strengthened
circumstances and prays your Honor for such relief
as may be equitable
THE DAUGHTERS COMPLAINT.
Ths complaint sworn 10 by Miss Martha Cotton,
sister Of the late David D. Cotton, is, il possible, d
still stronger appeal to ones feelings Of humanity
than the charge Of her mother. After reciting the
same facts Of relationship and bequest as her
mother, she says in set terms
90 have not 4 cent in the world, and am abso'
utey dependent upon my mothers bounty, and
why! Because years ago when David Cotton was
poor his father put his whole estate into money and
loaned every cent Of it-Sl5 0O0-to help his son
David become a rich man and the bequeather Of {.
million. No security was taken but personal
note, which received in 1873, and when the
father died this money was returned to the mother,
Martha, the daughter at the request Of her brother
David, relinqUishng the interest she had in it by
virtue Of her right Of succession, her father having
died intestate."
She prays for such relief as the Court may deem
equitable
In connection with the above matter, Mr.. Crit
tenden Tn, ruton, one of Mrs. Ellen Cotons attOr-
ueys states that Mr. Foote's connection with the
suit IS perfectly proper and quite satisfactory his
side. The insuultion that Mr. Huntington was
prompting Mr. Foole was utterly absurd. II was
essentially immaterlal to Mrs Ellen Cotton who