The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1884-01-24
The Beauty OF the Law.

Major conn Il. harrOlQ, an OLD cltl-
zen, was injured with many others on
The New York elevated railroad at For
t5y-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
confirmed invalid. and so remains al
this day, after skillful treatment by nc
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 8
: 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 anC
provided for the benefit chiefly of the
lawyers and the aggravarion of clients.
the suit was tried and a verdict in favor
/ of Major Harold for $50, 900 and costs
and an extra allowance of $1,000 was
ordered and recorded. 1t unfortunately
Z 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 a.
$4,000. They appealed and the gen.
eral term affirmed the judgment and
denied 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 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 hi:
management evidence was collected OF
which to base the blacklist conspiracy
OF the part of Major Harold, his coun
sci and his friends, to deceive the cour
and defraud the company by pretend
inc 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 Mai or Harold was obtained
the sum was thus locked up in a trusl
company; and the lawyers began to rur
the gamut of the lowest police courts tC
the highest court of appeals again
Detectives alternately logged the foot
steps of Harold ) witnesses, physician;
and friends. Periured witnesses swore
to the most extraordinary tales. which
fell to pieces under skillful croSs-eXam
ination. DR.. Shine fumed and swOre
and even threatened counsel in oper
court. 1t was all to no purpose. Har
rOld 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
tried the case ordered the money, now
amounting with costs, interest, etc, tt
S36, j7S 40, to be paid.
But now arose another difficulty. L
IS customary to pay money recovered
in law suits to the attorney of record, a:
he is called, to guarantee him first o
all payment for services and disburse
ments. In the very beginning Major
Harold had employed Chauncey
Shaffer as his attorney on a contracl
which expressed that Mr.. Shaffer wa:
to be paid "a reasonable sum- for his
services and disbursements. There i.
a popular belief that what lawyers con.
slider in all such suits to be a reasOna.
BILE sum for services is the total of the
verdict, together with the interest anC
costs, the plaintiff to have the vindica
ton. The legend of the lawyer who
divided the SHELLS between the litigants
and ate the oyster himselfis no ''ancienl
saw" on the contrary, it is quite ''s
modern (and Frequently instance
After some futile negotiations for settle
ment between Mr.. Shailer and Major
Harold, the matter was taken fol
decision to a Judge, who, after hearing
the facts, awarded counsel ST., 229.1t
fees and disbursements. and S5,034 adj
vances and interest, thus leaving Major
Harold besides his vindication as
man of veracity in swearing that he haC
been injured and made a helpless inva-
lid for life, the snug sum, although the
lesser half of the verdict, of Sl4,315.21.
That is to say, it would have left hin
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 rs expert witnesses to sustain the
plaintiff in his statement that he haG
been really injured and not "sham.
ming MIR. Shafler was very solicitOus
of Mr.. Harrold's reputation for truth
and veracity and suggested to him tc
Introduce still another expert in tho
person of his family physician. Doctor
Robert S. Newton, now dead; bm
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; ali
of this being done, as Major Harold
claims, on the part of Mr.. Shaffer and
against his directions not to employ OF
call any more doctors. So, when the
young doctor put in bill of 900 for
himself and 200 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, 51S.i0 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 in iunction
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 Ma or Harold has received |
A single dollar of the judgment. There |
is now pending the question of the cor
rectnesS of the claims of the Drs. New !
ton, and this money cannot be drawn |
Oy anybody until it is decided who is !
% pay the doctors bill. if found true
one Meanwhile Major Harold has TO /
pay seven other doctors for attending I