St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-11-22
The LAWYERS LEVY.
Beginning Of the Suit to Col
leet Counsel Fees in. a
Noted Case.
Interested Gathering OF Legal
Lights to Enjoy a Hot
Contest.
Donnelly's Clever Counsel in
the Role of Pleader: for
the Lawyers. ,a
Mrs. Thomas Jauntily Gives
Her Testimony in the
$1,000 Bill Case.


cradle chuckling over the dollar verdict
in the Donnelly libel suit, butsbegan to
whistle over the bill presentedsby their
attorneys for services in the ease, and
refused to pay in fufi the demands made
by Flandrau, Squires IL Cutcheon for
the work done in defense Of that noted
case. The law firm named asked for
s, 360.65, in addition to what. had been
paid them, and upon the Pioneer Press
refusing to pay it on the plea that too
much was demanded, suit for the balance
named was begun, and is now. on trial
before Judge Egan and a jury, Judge
FIandrau and Mr.. Squires appeared in
the court room yesterday with Cyrus
Wellington as their attorney, to place
their claims beforesthe court and jury.
Mr.. Wellington is we'll equipped for the
trial, as he was the attorney for the
Donnelly side of the case OIL the trial for
libel. Joseph Wheelock appeared with
TFauntleroy as attorney for the paper
and the legal battle began and afford
ing great entertainment for the attor-
neyS who filled the court room. The
proceedings were very interesting to the
crowd OF attorneys yesterday, judging
from the continual smiling of many of
them. Mr.. Fauntleroy is keen and in
cisive lawyer and he has been we'll
coached for the trial. Mr.. Wellington
wears a smile most of the time and Occa-
sionally it is of the cynical character
that has a depth of meaning. Mr..
WheelOck sat in chair behind his at
torney and smiled and bIuShed by turns
-freque ntlv digging his fists into his
eyes or plncking neryously at his long
white side WhiSkers. He frequently
coached his attorney. Once he went to
side table where were piled a number
of bound files of his paper, and opening
to the publications which were the basis
of the libel suit, he reread portions Of
the publication with face that changed
color as often as a school girls. The
contest of the attorneys in the present
case is a battle of giants, and disputed
points are contested with a warmth of
argument.
Part of the fees sued for are for serv-
ices other than those rendered in the
libel suit. There are some minor
charles for other matters, including
some for services in connection with
suit involving the libel law that went to
the supreme court. Part of the charges
are for expenses incurred by Mr..
Cutcheon in looking up testimony in the
DonnelIy suit in New York, Boston and
Washington. Mr.. Squires went East to
take the evidence OF e. P. Huntington.
the railway magndte, who was reputed
to have paid bride to Mr.. Donnelly.
The principal point emphasized as de-
Tense TO the suit for fees is the claim
made by the Pioneer Press that it was
learned, few days before the Donnelly
trial, that Donnelly had given the Bill
King letter to the Washington CORE
spondent Of the Pioneer Press for pub
LEGATION in 1881, and that the original
publication was therefore privileged
one. The claim is made that this would
have been an absolute defense. A long
argument took place on this point and
as to the right of the defense TO show by
Judge Flandrau, when Oh the witness
stand, that this would have been de-
Tense. The court decided that this is a
matter of law. and the witness was not
expected to decide point of law.
Judge Flandrau was put on the stand
to testify as to the services rendered,
and was subjected to an extended cross
examination by Mr.. Fauntlerov. Judge
while beng crosS-eXamined, and the
parties between him and MIR. Fauntle-
roy were amusing at times. The state
ment had been made that the work of
preparing the case had been largely
done by Mr.. Squires. Mr.. Faunteroy
wanted to know if Mr.. Squires had not
managed the case, TO this Judge Elan
drau replied that be had acted as the
general and Mr.. SquireS had only been
colonel in the case. In reply to a
series of questions as to whether the
preparation of the evidence and its pre-
sentation before the jury was not the
most important part of the case, Judge
Flandrau asked leave to render an adj
verse opinion, and to express belief
that the discretion in the management
OF case is the most important from the
standpoint OF all attorney. He admitted
that the ad damnum clause in com
plant is often larger than the expected
recovery, but being pressed for an in
stance where it is not, cited acaSe where
the jury returned verdict against the
Pioneer Press for So. 600, the full amount
sued for. He stated that this verdict had
been subsequently set aside by the SUI
preme court. The croSs-examination of
Judge Flandrau was very interesting
throughout. After its conclusion George
Z. Squires was put on the stand to tes-
tify as to the work done and 10 the fees
charged. He stated that his firm did
not do the usual legal work for the Pho
neer Press, but that Judge Cornish had
tried the libel suits for that paper up to
about the time he went on the bench
Mr.. Squires was on the witness stand at
the hour court adjourned. The follow
ing-named jurors are impanneled in the
case: Henry Klmke, Nick Kruetz, John
Gabriel, John Friedman, Herman E.
Knoblach, James S. Lawless, John S.
Lawrence, Patrick D0herty, Fred ID.
Hager. Martin Lasson, Edward q. Krah-
mer and John Kreutz.