Morning journal and courier., 1886-02-03
THE COURT RECORD.
Superior Court - Civil Side - Judgt

SupcEAOF NOuEb OAtAk SAUc - uuS
 Andrews.
 This court came in yesterday morning at
 10 o'clock.
 The case of Lawyer Charles s. Hamilton, charged with appropriating money intended for the payment of court costs and applying it to his own purposes, was heard. State Attorney Doolittle conducted the case against Mir. Hamilton and Lawyer w. c. Case repre- scented MT. Hamilton. After the charges presented to the court by the committee ap- pointed to investigate into the allegations against Nr Hamilton had been read Mr. Case read the latter's answer to the same.
 State Attorney Doolittle then called as the first witness c. Horace Lynch of 142 Bradley street, who was the client from whom Attor- ney Hamilton is accused of wrongfully keep ing S45.21, which had been given him to pay costs. MT. Lynch testified that he employed MT. Hamilton in the suit against Lizzie IT. win and when he retained MT. Hamilton he paid him $20, for half of which he took re- ceipt.
 MT. Lynch resumed his testimony and said that after receiving letter from MT. Hamilton asking him if he was going to let borrowed $45 from w. c. Hubbell and on June 2S, 1885, paid MT. Hamilton $45 21, the cost in the case, and took receipt. A week after he received bill from MT. Hamilton for $30, the balance due him for legal servi- ces in the case. He called on Attorney Ham ilton within week and told him he, he was surprised se to receive rs % the paid him enough. MT. Hamilton re- piled that this did not give him much for his personal services, and MT. Lynch replied that he could not pay the bill. In response to a question Mr. Lynch testified that on the hearing before the grievance committee Mr. IT I IL which he was asked to sign. MT. Lynch read the paper hurriedly and considering it to be a release from any charges which might be made against MT. Hamilton he refused to sign it and told the clerk that he had noth- ing to do with the matter, as it was in the hands of Mir. Hubbell, his bondsman in the suit against Lizzie Irwin.
 On the cross-examination MT. Lynch testi- fed that he had made no complaint against Mir. Hamilton, but that Talcott H. Russell and one or two other attorneys had sent for him and questioned him in regard to this matter. MT. Lynch said that he was not dissatisfied with the manner in which Mr. Hamilton had continued the case
 MT. Hamilton testified that Lynch said be had got new evidence and wanted an appeal taken to the Superior court and told him not to pay over $25. 21 costs to the other side; that he then prepared notice of appeal and filed it, but when Lynch wanted find ing of facts made he told him he would do no more work in the case until he was paid something. MT. Lynch told him then, MT. Hamilton testified, that he should keep the $25 which Lynch had given him for costs, as part payment for his services and then go on with the case and stay payment of costs as long as possible or prepare the case for the Superior court. MT. Hamilton pro- duced his cash book and showed the court the entry where MT. Lynch was credited with tha SCh Mp Hamilton aaiH ba had heard any complaint from Mir. Lynch or any body until he received the letter from the grievance committee.
 MT. Hamilton said that the paper he sent to Mir. Lynch to sign was 8 naemorandum which in substance stated that Mr. Lynch was satisfied with his work and was substan- tially what Lynch had told him on the court house steps. This was done because he sup posed the hearing before the grievance com mittee was over and was the last of the mat ter and he wished this paper on account of the matter which had been printed in the As MT. Lynch did not sign it he considered the paper of no consequence and threw it in the waste basket.
 John w. Taylor, MT. Hamilton's clerk, was the next witness. He corroborsted MT. Hamilton and swore that Lynch told MT. Hamilton to apply $25 of the $45.21 towards his bill, and that he 0ynch) would raise the cash later. MT. Taylor said that the day after the charges against Mir. Ham ilton were published he went to MT. Lynch with the paper to sign, and MT. Lynch told him that he was perfectly satisfied with MT. Hamilton and all he had done for him, and that "this racket was not his."
 Mrs. E. Louise Beecher testified that Lynch tried to borrow some money from her, on the strength of the appeal he was going to take in the case. Several other witnesses testified during the afternoon, and the hear ng was finished about 5 o'clock.
 The cases of Joseph Joerrison- ct al. vs. George Curtin ct al, were further continued. The plaintiff is from Utica and seeks to re- ,over from Curtin, who director of the Nile~Co. at Milford. Curtin is the man who led from Deputy Spiegel last year. Some 5, ,O00 is involved.
 Henry E. Thompson ct al. vs. the George | W. Miles Co. ct a1., has awaited the dispo- ] ition of the Hamilton matter to-day. This i 8 Affords action looking to the removal of 1 he Miles fish works on the ground of their l ,eing a nuisance from their odor. l
 To-day the very old oases of John W. l