The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1890-02-15
FUNK Y. EVANS.
The Case Is Working Rapidly up
to q Focus.
FEES ACCEPTED FROM BOTH SIDES
Members Of the Library Board Tell HOW
They Hunted for the $4,000 Paid by
Funk-HOw the Facts Came
Out-Defenuant begins
His Case.
TIE CASE AS STATED.
From Wednesddy's Duly.

TIE CASE AS STATED.
From Wednesdays Duty.
The famous case of Funk V. Evans
was called for trial before Judge
Blanchard yesterday afternoon. "A
jury was secured about o'clock, after
which Judge ii. II. Gilbert began his
presentation of the case TO the jury.
speaking until adjournment. He will
finish this morning, when Mr.. Mayo
will present the defendants position,
Funk is represented by ID. b. SNOW,
II. II. Gilbert and O'COnor x Eckels:
Judge Evans by Mayo * Widmcr and
| l.. w. Brewer.
The facts are doubtless more or less
familiar to the public as another
phase of the aftermath Of the Reddick
will case. That case was tried late In
1886, the jury disagreeing. In Feb'y,
| 1886, Elizabeth Burrer Funk Reddick
died. leaving John Funk, as was sup
posed, the only heir at law. On Judge
| Evans suggestion, ana Judge Gilberts
Hon. G.. w. Armstrong, executor OF
the Reddick will, was appointed exec
utOr of Elizabeth'S estate. After this
time, lin March, 1887, according to
Funk, Judge Evans sent for Funk,
and, taking him into his private ONCE
and locking the door, told him that an
effort was being made to settle the cS-
tate for 81, 600, but that Jack Reddick
and Mr.. duncan, his chief counsel,
contesting the will, wanted $4,000;
that now Elizabeth was dead, it would
be very dangerous to his (Funk's) in
terests to have new trial: that Arm
strong, the executor, would settle on
the basis of $1,000, and that II the
matter were kept very quiet he Evans
could, with $500 no doubt, effect a
settlement by paying to Jack Reddick
and to Duncan $500. Funk thereupOn
gave Evans draft drawn on Chicago
by StreatOr bank for $500 with the
understanding that any unexpended
surplus should be returned to him.
This draft Evans is said to have taken
to StreatOr for payment AT the bank
of issue, but after receiving the cash.
changed his mind and took Chicago
draft payable to his own order. lie
gave Funk a receipt for the money, in
which it was recited that the money
was for use in the settlement of the
Reddick will case and for professional
services.
When Funk was called ON, after the
settlement, by the Library Board OF
Ottawa to pay his pro rata share of
the expense of settlement this very
secret and quiet deal came out, Funk
telling it to Armstrong, who told it to
the Board, without, however mention
ing who got the money. The matter
was then discussed by the Board OF
which Evans was member, various
surmises being made as to who got the
money, Evans making no disclosures
as to the distinction, until Funk him
self finally told the whole story, when
I from Evans. On rT7Ts TunN, ~
the meantime, after he saw in the
papers a notice that the will contest
had been settled for $1,000, claims he
went to Evans and asked him If he
had had to pay Reddick and Duncan
the entire 81, 800 and that Evans sale
he had paid it all to them. Funk now
sues TO recover this So, 800.
Judge Gilbert said the evidence
would make it further appear that
Evans had received money in the set
Element of this estate from Jack Red
dick in the amount of $500, and that
he had written letter to ReddicR
which was to be signed by him and re-
turned to Evans, which Rcddick did
not do.
At this point the opening was inter
ruptcd by adjournment, Judge Gilbert
however, having made two points on
which the plaintiff would rely for IA re-
covery Of the money: ~ That admit
ting for the moment that the 5000
paid Evans was on account Of atUor
ney's fees alone, the plaintiff would be
entitled to recover because 1t is Vio-
lation of law for Il Judge to receive
fees rs attorney in a matter which he
himself would be called upon to pass
upon or approve. 1t made no differ.
ence, he sud, that the Reddick will
case was tried or heard in the Circuit
Court, the executor could pay out nc
money Of the estate, even to effect Il
settlement, without his consent and
approval. The estate is matter in
hearing in his court, and Judge Evans
could not legally receive any fees out
of that estate as attorney for the
estate or otherwise. (2) If it be shown,
as he Judge GILBERT claimed it would
be, that Judge Evans had received
$500 from Jack Reddick, the plaintiff
would be entitled to recover, as the
law does not permit an attorney to re-
ceive fees from both sides of the same
case.