The morning call., 1890-10-14
DONAGUE VS.. HUTTON.
Attorney Foote'S Capers in Judge
Rearden's Court.

The trial of the suit by Barrister John
Donague against William Charles Cook
worthy Hutton. ex-High Sheriff of London
town. relieved the monotony of proceedings
before Judge Rearden yesterday by giving
W. w. Foote frequent opportunity to air his
eloquence and display his peculiar powers
of vituperaiion upon the slightest pretext.
The suit, as will be remembered, was be-
gun to recover s6650, which Donague claims
for services rendered in connection with
Attorney Buckley in pushing the interests
of the Savage claimants to the estate OF the
late Thomas H. Blythe. Two syndicates
had been formed for the purpose of fighting
the claims, the first of which intrusted the
sinews of war to Donague and the second to
Hutton. Donague spent all his funds and
then, by arrangement with Hutton, agreed
to continue in the case for the amount III
dispute. The defense is that Donague ana
Buckley are trying 10 push hcttlouS Cram
for services as attorneys in the case, whereas
they are not connected WIN IL except III an
indirect and vague way.
At the morning session the plaintiff pre-
scented his side of the case and Substantiated
his position by considerable documentary
evidence. During his examination passages
at arms between counsel were quite fire.
duent On one of these occasions and when
raise the second syndicate for the purpose
of carrying on the litigation, he was asked:
I" Did Hutton get this money for anything
else?"
Il believe not, sir"
Wasn't he to pay himself, too?
"Oh he's taking good care of himself, sir:
| believe he has more than ESQ beyond
what I've sued for, and"
Here Mr.. Foote interposed an objection
to the course of the defense, whereupon Mr..
McGill asked: do you call this an argu-
ment of the case? What are you trying to
do?"
You are not capable of understanding
what am trying TO do, SIR was the ex-
Railroad Commissioners gentlemanly re-
ply. And so the battle continued through
the morning
In the afternoon the ex-High Sheriff was
on the stand, polite and ELUSIVE. and always
addressing the Court as my lord or
your lordshlp," much to the amusement OF
the democratic audience. While he was ex-
planning certain exhibits by reference to his
diary he thoughtlessly dropped remark
that raised Mr. Foote's ire, and the at
torney retaliated by imputing improper
motives TO the witness. Upon this the
Britisher made vehement appeal for pro-
lection to his "OrdShip," and explained
that as an honorable man he was not in the
habit of pursuing dishonorable PRACTICES.
Mr. Foote took the statement as reflection
Ou HIS HuuUI anu up
though the Court endeayOred with all his
might to suppress him. But the attorney
would not be suppressed. and looking at his
trembling victim with all the ferocity he
could gather into his mobile features, he
Numbered out the remark, IL the witness
means to reflect on me l will thrash him
when l get him on the outside of this
court"
The High Sheriff looked in establishment
at the Court ana then at the attorney (wh0
after his dreadful threat had turned around
TO his client for that gentleman's approba-
tom and begged to assure both that he was
referring entirely to himself and meant no
reflection whatever.
in that case" said Mr.. Foote, II will
withdraw my remarks and wont thrash
you
The Court thereupon warned the witness
to be careful III his remarks so as not TO
irritate counsel. Witness promised to do so.
and the incident ended without Mr.. Foote'S
being committed for contempt.