New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-03-18

count of the suit where the execution was issued ed
which would not appear in these books? Alt all
0~would they show everything paid TO the sheriff erin
on account OF that execution an1 v Of the
parties In the action for services or alleged seI'ices
Of the Sheriff. Al don't understand wha' 20"
Mr.. Fassett-Dd it happen that the
e his goods AUh yes but very seldom
Mr.. Ivins-In case Of that KIND inc amount
paid by him would appear In '"c'c oooA' A.
o-suppose he paid You anything in excess Of
insinmate that he ever dd-would such amount
appear in the books Al believe it would;
'Q.-Do you know Of any case having occurred where
the Judgment debtor paid the Sheriff anything for
his services in excess of the amount that was due
under the Judgment
Mr. Clark suggested that the Sheriff authorized
rot only to collect the amount due with interest.
but his costs and fees. Mr.. Wins resumed the ex-
animation.
Q.-Do you know of in which payments have
been made in excess of the Judgments Al cannot
recollect any cases Just now
Q.-Fees were paid by the judgment debtor in such
cases In excess Of Judgment Ayes Sir
Q.-Do you know of case where. the debtor having
paid up before the SALE the fees were agreed to before
Q.-Was it customary in such cases TO tax the ices
before the court Al never had such case, J.,
Q--Have you in your Office list OF the cases IN
which the fees were taxed by the court Al don't
think So IT.. .. .,o o.ses in
which the court refused to tax the fees TO the amount
fixed by the Sheriff. A.-No sir A. no. 20
o~You don't mean by that that there were no such
cases7 Al cannot recall any,
INVITING MR.. CLARK's AID.
Mr.. Sexton gave history of the proceedings in re"
card to sales finishing with the statement that inc
nancy realized is turned over to the deputy who
turns it over to the Sheriff. who turns it over to the
attorney. But. he added, the amount paid 10 t''e
attorney was g. less the deputies fees
Mr. Wins suggested in tho most innocent and we'll
meaning manner that as the committee wah'eu III
formation. and as Mr.. Clark knew all about 'mS
process he should be put on the stand 10 explain 10
fully. ,,u
Laborjnc under the Misrepresentation that MI. WINS
had some fell design on him, Mr. Clark sad !"
simply suggesting 10 the witness the moue Vi Po
cedure, senator Fassett explained 'hal MI ii,'
WAS not Directing TO Mr.. Clarks suggestions 10 inc
witness but that he simply wanted MI. ozark neip'
AR SEXTON said he guessed he could tell ABOUT IL
f,,v and Mr.. WINS did not press Mr.. Clark 10 take
the witnessch , ,,,or
hrns The money over TO the deputy. PROBABLY 'ho
next day the plaintiffs attorney steps In anu nA '
the depuy's bill should say hAeS 'io o''' WIN
the deputy ,..,. hin
Mr.. Iyins-Now what does that deputys pi I
include APoundage posting notice Oh Sf ipcd ae
yertising in fact all legal fees somcIn ~ iSi h
the aucfoneers fee 1T includes heepers ices wi'ee
the attorney directs TO put keepers III cnafse' hrce
Ols it the practice never 10 put keepers IN cnarse
nj Inc expense OF parties without consent oil parues
A-Not unless the parties agree to ~. sum in
CURED in this bill compensation for services oi
what not A-ies; sir. 20 ,ora, fees, A.-what-
ever the attorney chooses to allow the deputy s"v
times the attorney will come IN ana ASK te epty
to bring his bill down 10 his olice men ,e uvpn
takes the bill there. cannot Iecolieo' any n MS u
in which compensation was entered a. a , r1m
the deputy's bill before presentation 10 'le a'o'''
~ o .as as matter of fact. did not that some
times happeni Al am Just after answering you'
Mr.. Wins IL may have happened Can. ros ON thu,
o.-You were Aelc when Mayor Grant was Oil '"'
S'a o.HHe testified that in cases where the amount
to the business yourselves A-fes, sir ,,.,
ON these cases, who made up the bilis Al
Odd YOU ever insert a charge for compensation
prior to presentation TO the attorney Al W"
Odd you any time charge for Sn ao fSs
COMPENSATION in addition to the aGrS Gug e1 emit
for advertising, for auctonecrs ices OF iol ,,
Al never charged any more than inc a''0iH''
MR. SEXTON DOES NOT YIELD.
Senator Fassett tried to get satisfactory an
swer but Mr. sexton persisted in saying that he did
not change the attorney any more than the attorney
allowed.
"was it usual asked Mr. WINS. for you to treat
with the attorneys in the suits for compensation =
Mr.. Sexton looked puzzled. The word treat bore
70 him a meaning that the examining counsel did not
TO give it.
"Treatq- he repeated, with an expression Of sur
prise There was a shout Of laughter, and Mr. Sex
ton asked Mr.. WINS What do you mean by that9'
LET the witness answer that question as he under
stands it," suggested Senator Fassctt
Mr. Wins put II in another form: Was II usual Tor
You to discuss or negotiate with the attorney for
sum of money to cover the general item OF compensar
ton -
1T was not customary replied the witness. " They
generally paid it,"
Tell us HOY they paid it, the next question but
IL was not answered because of the entrance Of Der
nard +. Martin to get excused and to have 1t out
with Mr.. Wins. After Mr.. Martin had been Sat
upon by Senator Fassett and had gone away the cX
animation went on
Mr. Ivins-Is there any way for this com
mittee to fnd out In what and to what ex
tent moneys paid to the Sheriff for compen-
satiOnl Al do not think So
O.-There is way in which You can assist inc
committee to discover that's A.No. sir
in cases involving $4,000, you or the sheriff
A-The sheriff a., ..,... ....xo..o.,o, j.,
certain easse ese Of cas 1u the vsue Of hi
over and above the amount of fees referred to A
O.-Can you give the of any attorney
who ever agreed u allow compensation in a ca-e
involving over $4,000? A.-Every attorney In New
o.-Give us the names of some of them A.
Mr.. Knceand, Blumenstel 81 liirsch, Mr.. Joseph,
o.-What was the largest ever paid as com,
A.oawell. can't recolleet the largest sum.
Q.-Was SjOOl Al don't remember as $500 ever
was $500 and $3.50 paid.
Q.-Was there usual average c4ra" A.
1t all depended upon the trouble that the deputy had
and the amount OF the property involved. IL II
was a large sale, why, the attorney allowed com
penation see? Allowed it, and it just depended
on the amount Of the sale u. ,, T.,
O.-What the sum usually paid In
the ordinary run of cases! At depend,
,pon what the attorney allowed. and
the amount Of the sale Sometimes they would not
allow much. Sometimes more ,
paid $50 than paid $IoOl A.-There were more case
that paid so than any other.
give $50 800, $50, 800. $3.50
Odd they allow as high as S5OO7 A-No
that / remember.
O.-As high as 81 900 A.-Not that remember
They would $50 10 S75.
ON cases under 10000 how were anctioneers
fees and keepers fees etc, divided between th'
deputy and the sheriff. A.--The custom always has
been for the sheriff to receive half the poundage.
dol ,dnar. A