The Republican. [volume] (Oakland, Md.) 1877-current, 1884-01-26
The Beauty Of the Law.

the New York elevated railroad at For
| ty-second Street and Third Avenue, on
March %, 1879. He was taken to his
home where his injuries from the shock
resulted in partial paralysis; he became
this day, after skillful treatment by no
less than seven physicians, some OF
them of high reputation in their pro-
fession.
After some negotiation with the com
pany, which proposed to pay him a
small sum in addition to the actual ex-
penses incurred in consequence of his
injuries, Major Harold began an action
against the company, and after the
usual delays in such cases made and
provided for the benefit chiefly of the
lawyers and the aggravation of clients,
the suit was tried and verdict in favor
of Major Harold for $50, 900 and costs
and an extra allowance of 81, 200 was
ordered and recorded 1t unfortunately
happened for Major Harold that it was
a pioneer suit and the company deter
mined to make it a test case before
they would pay any such damages as
$4,000. They appealed and the gen
eral term affirmed the Judgment and
denied a new trial. The Court of APP
peals declared there was no error in the
Judges ruling at the original trial and
affirmed the decisions of the lower
courts.
The Court of Appeals had been pre-
viously the court of last resort in this
State; but not so to so rich a corpora
ton as the New York Elevated Railway
Company, and it took steps to try the
whole case over again. Matters were
placed in the hands of DR.. Shine, the
surgeon of the road, and under his
management evidence was collected on
which to base the blacklist conspiracy
or the part of Major Harold, his coun-
sci and his friends, to deceive the court
and defraud the company by pretend
iSr that Harold was seriously injured
When in fact he was practically unhurt.
A stay of proceedings was had; an in
junction restraining the payment of the
money to Major Harold was obtained;
the sum was thus locked up in trust
company; and the lawyers began to run
the gamut of the lowest police courts to
the highest court of appeals again
Detectives alternately logged the foot
steps of Harrold's witnesses, physicians
and friends. Perjured witnesses swore
to the most extraordinary tales, which
fell to pieces under skillful cross-exam-
nation. DR.. Shine fumed and swore
and even threatened counsel in open
court. 1t was all to no purpose. Har-
fold and his counsel hung on with the
utmost pertinacity. The courts one af-
ter another ruled against the company,
and finally the original court which
tired the case ordered the money, now
amounting with costs, interest, etc, to
$50, 1913 40, to be paid
But now arose another difficulty. It
is customary to pay money recovered
in law suits to the attorney of record, as
he is called, to guarantee him first of
all payment for services and disburse-
ments. In the very beginning Major
Harold had employed Chauncey
Shaffer as his attorney on contract
which expressed that Mr.. Shaffer was
to be paid ga reasonable sum- for his
services and disbursements. There is
a popular belief that what lawyers con-
slider in all such suits to be a reasona-
bic sum for services is the total of the
verdict, together with the interest and
costs, the plaintiff to have the vindica-
ton. The legend of the lawyer who
divided the shells between the litigants
and ate the oyster himself is no 'ancient
saw" on the contrary, it is quite "a
modern (and frequently instance
After some futile negotiations for settle
ment between Mr.. Shatler and Major
Harold, the matter was taken for
decision to Judge, who, after hearing
the facts, awarded counsel SIT, 229.19
fees and disbursements, and s., 034 adj
Yances and interest, thus leaving Major
Harold besides his vindication as
man of veracity in swearing that he had
been injured and made a helpless inva-
lid for life, the snug sum, although the
lesser half of the verdict, of $l4,3l5.21.
That is to say, it would have left him
that sum if another obstacle had not in
tervened. In the course of the long
litigation Major Harold had employed
no less than seven physicians to restore
his health some of whom were also
used as expert witnesses to sustain the
plaintiff in his statement that he had
been really injured and not ''sham-
ming" Mr.. Shaffer was very solicitous
of Mr.. Harrold's reputation for truth
and veracity and suggested to him to
introduce still another expert in the
person of his family physician, Doctor
Robert S. Newton, now dead; but
Major Harold would not hear of any
more physicians. Mr.. Shaffer, however,
took the old doctor along one day for
friendly visit to his sick client and sub
sequently the two called again, accom-
panied by the son of the doctor, also
a physician. On the trial the young
doctor was 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 any more doctors. So, when the
young doctor put in bill of 81, 800 for
himself and 81 900 for his dead father,
Major Harold disputed it; Mr.. Shaffer
would not pay it; and when, therefore,
they put out their hands to grasp the
$50, 57S.40 in the trust company they
found an injunction restraining the
company from paying out any of the
funds until the reasonable fee" of the
two doctors was paid. This injunction
was finally modified so far as to allow
the withdrawal of the full sum less the
$500 claimed; but thus far neither the
lawyer nor Major Harold has received
q single dollar of the Judgment There