St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-11-24
He Says the Pioneer Press
"Has Had Very Hard ~
Scratching"
Attorney Witnesses Differ as
to the Value Of Service :
Rendered.
The Jury Is Out and Will Re-
turn a Sealed Verdict
Tomorrow. z

the district court. The arguments of
respective counsel yesterday were ex :
haustive, and as able as leading members
OF the bar could make them. The
charge of Judge Egan was brief and to
the point. 1t was Scrupulously free
from an entreEchment on the province
of the jury, and suggested sound dis
erection as the foundation for making up
the findings. The case went 10 the jury
about O'Clock last evening and when Il
verdict is reached it will he sealed uD
and brought into court at 10 O'clock Fri
day morning,
Several attorneys were called as ex-
perts yesterday to testify as 10 the value
of the services rendered, Freeman Z.
Lane and Judge Young, of MinneapO-
lis; 5. l.. Pierce and +. $. kirkpatrick,
OF st. Paul, were called on behalf OF the
Pioneer Press, and estimated the value
of the legal services 10 be between
$4,000 and S. 000 Judge Young, of ST.
Paul; Dan w. LAWYER. j. G. Built and
w. l.. Warner testified OH behalf Of
Flandrau, Squires q Cutch3on that the
services were worth from $500 to IS, COO
In his charge Judge Egan Stated to
the jury that the testimony OF the eX-
pertS was not conclusive, but only land
MARKS to guide the jury. The Jury
should exercise sound discretion and
consider the ability of the attorneys, as
well as the amount OF Work done 10y
them in the case.
He called the attention OF the jury to
the fact that $1,000 had been paid on ac-
count of fees, besides some expenses;
that the suit is for $500 fees and $93G.99
tar 10 5Aft hjS fna l.. fnp
services in other matters than the Don
Delly trial.
ys'heeiock's Epistle.
During the afternoon letter was in
troduced in evidence that was written
by Mr.. Wheelock TO the law firm that
sued tor fees. This letter calls atten-
ton to charges of attorneys in other
libel suits, and then proceeds in the
characteristic caustic style OF the ed
it0rial write I, about as follows:
IF you had Intmated to us at the out
set that you contemplated making a
charge so enormously in excess of our
previous experience. [ need not say 10
you tina. we should have been obliged
to seek the services of lawyers of less
eXtravagant views.
There is not the slightest ground for
your assumption that if the jury had not
found nominal verdict for the plaintiff
they would have rendered Il verdict in
heavy damages for him. 1t
was not important as to the amount of
money involved, for the damages claimed
were purely an arbitrary fiction Of tue
client. 1t differed III no respect what
ever from ordinary libel suits except in
the notoriety Of the plaintiff. And
YOU say that it is in this fact that
its Importance consists. Butin what re-
spect could this purely adyehtiti0aS cR-
cumstance add to the value of your serr-
ices TO us? In none whatever. AS a
consequence Of Dunnelly's notOriety, it
is true, the trial attracted general at
tention throughout the state and c0uh-
try. 1t gave the attorneys on both sides
a much greater prominence before the
public than any trial i'll which they had
ever figured Mr.. Wellington probably
received 10 compensation for his Serv-
ices. But he was tenfold repaid i'll the
wider reputation which lie achieved
and your firm achieved All equally wide
advertisement and enhanced reputation
from its conspicuous Identification with
the trial. If anybody profits, therefore.
from the notoriety of the plaintiff in the
case 1t is you. not we. 1t added nothing
to the difficulty of the case; nothing 10
the value of your professional services
to us, but very mnch to the reputation
of your firm.
DOnneliY's NOtoriety.
"Nor was Mr.. Donneliy's notoriety in
the community where the case was
tried of character to enhance the dan
ger of an adverse verdict, or augment
the damages in the case of such ver-
diet, for it was a bad notorety, that of
a dishonest demagogue, which greatly
aided the defense. 1t is true the case
was important from the public and pol
itical point of view, because the result
necessarily affects D0nnelly's position
as a political leader, and lmpairS the
influence he has generally welded for
mlSchievouS purposes. But the floneer
Press has no more interest in Donnelly'S
political OF public standing than you
have. If you and we have Incl
dentally done some service to the
public in exposing his true char
acter the public will probably give
YOU and us our due share of credit for
it. It certainly cannot be made the ba-
sis of a charge for additional fees
against the Pioneer Press, and | am
quite sure that upon reflection you will
hardly consider it right or reasonable to
render yourselves, as our attorneys, the
instruments of Donneily's vengeancerb
inflicting upon US the heavy punitive
damages which the. jury refused to
award him.
"FinaIly, [ object to this charge. be-
cause it is ont of all proportion to the
resources of your client.
The p. p. in Hole.
hoc no orl
scratching in the last two years to make
adjusted upon the magnificent scale eX-
hibited in your latest bill.
Libel suits are the ordinary and con-
stantly recurring incidents of every
newspapers experience. 1t is seldom
that any daily news paper OF financial re-
Sponsibility is without one or two, and
the Pioneer Press had at one time
fl fteen on hand. Even at the moderate
rate of compensation heretofore de
manded of us by your firm and others,
the expenses of defending our libel
suits has been so great as to be an
almost crushing burden. But upon the
entirely new and magnificent scale OF
charges inaugurated by you in your
latest bill, very few libel suits would
plunge our concern or any other in the
state into irretrievable bankruptcy. 1t
is simply physical impossibility for
the Pioneer Press or any other news
paper in this state to pay such charges
for defending libel suits. If they oc-
Cured, like suits for the settlement of
disputed title to valuable property, but
once in lifetime, it would be differ
ent. There are other considerations
which | might urge in support of this
protest against yonr bill, but it seems
to me that these should suffice"