New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-12-26
ROMANCE OF A LAWSUIT.
MAJOR BARRoLDs BITTER EXPERIENCE.
su.rrrRFp HEALTH AND AN EMPTY PURSE THE
RESULT OF FOUR AND HALF YEARS OF Lii'

CHARTERED HEALTH AND AN EMPTY PURSE 'h1
RESULT OF FOUR AND HALF YEARS OF Liii'
CATION.
Major John r. Harold, an old citizen, was'ininred
with many Others on the New-York elevated nan
road at Forty and ih h on s in
uries from shock resulted in partial paralysis ne
became confirmed invalid. and so remains at TINS
day after skilfnl treatment by no less than seven
physcians some Of them of high reputation In their
After some negotiation with the company which iS
proposed to pay him small sum IN ADDITION 10 tne
actual expenses incurred in consequence OF MS ~
inres. Major Harold began an action against the
and after the 9i ns haee c II of the
LAWYERS and the aggavation OF Clients, Ine SUI.
was tried aud verdict in favor of Major Harrold
for $40 900 and COSTS and an extra allowance Oh
g, GOO was ordered and recorded. 1t unfortu-
nately happened for Major Harold that IL was a
pioneer suit and the company Determines 10 nane ~
as $50 600 They appealed, and the General Term
affirmed the Judgment and denied new trial, t ne
Conrt of Appeals declared there was no error me
;ndges rulings at the original trial and affirmed inc
decisions of the lower courts. -, .lo
The Court of Appeals had been previously t. o
court of last resort in ibis State; but not SO 10 80
rich q corporation the Newton Elevated ial-
road Company, and it took steps to Try me Mno I
case again. Matters were placed d me his
skilful and unscrupuOus management, e'l4ou ~,
was collected on which to base charge 1o OIL Wy
blacklist %s TO deceive the court and de-
fnd Inc componv by pretending that Harold
seriously injured when in fact he was praGtlGaI,y
unburt A STAY of proceedings was had; an inlunc-
tion restraining the payment OF the money 10 MAJOR
Harold was obtained; the sum was thus locked UP
in trust company ana me aW ~1rs TO tbe HIGHEST
Court of Appeals again. DeiectSes allelnaIiry
logged the footsteps of Harrold's witnesses. phy-
sicans and friends. Pernred witnesses swOre 10
lie most extraordinary tales which fell to pieces
under skilful cross-examination. DR.. SHINE tuned
and swore and even threatened counsel IN open
oil TO-
counsel hung on with the utmost pertlnaclty. Inc
courts one after another ruled against the company,
and finally the original court when Iifu we c9o
terest ETC., to S3657S 40, to be paid.
But now arose another difficulty; 1t IS customary
to pay money recovered in lawsuits TO me attorney
of record, as he is called, TO guarantee nm hTSt on
all payment for services and disbursements IN Ihe
very beginning Major Harold had employed
Chauncey Shaffcr as his attorney on contract
which expressed that Mr.. Shater was 70 be pald a
reasonable sum for his services and dsbnrScments
There is popular belief that what lawyers consider
in all such suits to be reasonable sun lor services
is the total of the verdict together with the interest
and costs. the plaintiff to have the vlndcatl0n.
The legend of the lawyer who divided the shells DC
tween the ltgants and ate the oyster himself is no
"ancient saw" on the contrary, 1t is quite " q
modern land frequentl instance" Aver some lutll9
negotiations for settlement between Mr.. Shaer ana
Major Harold the matter taken for decision TO
Judge, who after hearing the facts awarded cOun-
sci $17229 10 fees and disbursements, ana T1Ui
besides his vindicaton man of veraclty Ill
swearing that he had been injured aud made help
less invalid for life. the snug sum. although the
lesser half of the verdict, of $14;3l5 n. =,
That is to say, it would have left him that sum II
another obstacle had not interviewed. In the course
of the long litigation Major Harold had employed
no less than seven physicians to restore ms healh
some of whom were also used As expert witnesses TO
sustain the plaintiff in his statement that ne had
been really injured and was not " shammng." Mr..
Shafler was very socitOus of Mr.. Harold Tcputa-
ton for truth and veracty and suggested 10 MN 10
introduce still another expert IN the person OF his
family physician DR.. Robert :. Newton, now dead :;
but Major Harold would not hear OF any more plly-
sicians Mr. Shaier, however, took the old doctor
along one day for friendly visit to his sick CLIENT
by the son of the doctor, also physician. On the
trial the Young doctor examined as an expert !;
all of this being done, as major Harold claims on
the part of Mr. Shaffer and against his directions not
to employ or call anV more doctors 80, wnei the
Young doctor put in a bill of $1,000 for himself aud
81 900 for his dead father, Major Harold disputed
it; Mr.. Shafer would not pay 1t; and when, there
fore they put out their hands to grasp the
S3657S 40 in the trust company, they found an in
junction restraining the company from paying out
any of the funds until the reasonable fee OF the
two doctors was paid. This injunction was fnaliy
modified so far as to allow the withdrawal OF the
full sum less the So, 800 claimed: but thus far
neither the lawyer nor Major Harold has received
single dollar Of the Judgment. There is now pend
ing the question of the correctness of the claims OF
the Drs. Newton. and this money cannot be drawn
by anybody until it is decided who is 10 pay the
doctors bill if found a true one Meantime Major
ing him in sickness and testfying in court that he
was not shammng. AT this rate he will get away
with about So 600 and a beautifully decorated
oyster-shell with the motto, Fully yndicated."