The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-12-21
KOWALSKY'S TRAP.
He Tells How He Set if for
Tum SUDDEN.
Judge Coffey Holds Guardian Corbett
Responsible for His Disbursements.
A Lecture on Champerty.


family allowance by order OF court. all of
Patrick j. Corbett's disbursements as guar
dian of the estate of Henry Macdonald were
disallowed by Judge Coffey yesterday.
The day was consumed in hearing mass
OF testimony IN which the witnesses were
Attorney Kowalsky; j. c. Flood. his clerk ;
+. nj. Levy, tailor, who made SIS suit
for Henry Macdonald; j. III. SpIro, a sales
man. who sold the boy S13 watch and q
81 80 scarfpln; Patrick J. Corbett, Henry
Macdonald and j. d. Sullivan.
a. Comic Jr. appeared as counsel for
Martin Burke, the new guardian, and j.
Smith as counsel for Patrick j. Corbett. his
predecessor.
Mr.. kowalsky told very dramatic story
DE was explaining to the court the onerous
character of the services he had rendered.
while conducting the litigation on behalf of
Henry Macdonald. He said that he, his
assistant counsel, j. ID. Sullivan, and a
young man in his employ named Clarence
Bristol concealed themselves in the back
room OF the house. 203A Powell street cor
ner OF O'Farrell, on the afternoon of August
% last. Into the front room came Otto tom
SUDDEN. the attorney. II. ID. Steuart, the d.
vorcei husband OF Henry Maedonald's
mother, and Charles StilIwell. The sliding
doors between the rooms were closed, and
when the conversation began in the front
room Kowalsky and his young man sat on
pillows laid against The door. What oc-
CURED was thus described by kowalsky:
Otto tum SUDDEN spoke first, saying, We'll,
we've come here TO fix this matter up"
Steuart replied, We'll. what do you
want?"
SUDDEN said: "Steuart, we want you TO
testify that you are the father of the bow.
nj hot ~ haH Of 4 r.rffh
affair. Now look here. Steuart, you know
that the testimony in that case TO the effect
that tie boy was Macdonald's boy was all
humbug We want you TO set that down.
BY the way just tell me, isn't that your
boy?"
Sieuart replied: 1.-THE testimony l gave
on the trial is the truth. You want me TO
tell falsehood. Make out your statement
and put up your $500"
Then SUDDEN said: You know $500 Is a
lot OF money. We are not Sullivan and
kowalsky and haven't got lot OF money.
We can raise couple of hundred dollars
and keep our promises. You needn't be
afraid to make an affidavit Kowalsky and
Sullivan dare not kick. VIII guarantee no
harm will come 10 you"
Steuarts reply was: "You talked about
$500. That's what / came here for. You
had better put up your money. Every word
L swore to IN court was the truth"
SUDDEN answered: Didn't you tell three
timony was false?"
Steuart declared that he had not, when
SUDDEN said something about paving Steu-
arts passage to Australia or Japan, and
added that he might as we'll sign the affida.
Wit. Steuart shouted "You can't bulldozs
me-" SUDDEN said something about sending
Steuart TO the State prison.
Then" said kowalsky, AZ threw the
doors open and looking at SUDDEN 1 re-
marked, 'Yon had better take care or I'll
n
Judge Coffey-Can't you make a diagram
OF your throwing open the door?
The crowd In the courtroom laughed at
this sally from the bench. as Kowalsky had
Already drawn diagram of the rooms
where the interview took place.
Mr.. Kowalsky continuing his narrative.
said he told SUDDEN be had caught him at his
little game trying to corrupt the mans testi-
mony. adding. You're nice individual TO
be charging dishonesty on every body else"
Then told him." said the lawyer. with
a grimace. I'D break his head for him"
did you break his head?' asked Judge
CofTev.
mo-" replied Kowalsky sullivan
stepped up and remarked: He's no good,
I'd pay no attention TO him; he's a loafe-
and a coward"
What happened then?" said Judge
Cofrey.
''Stillwell laughed" answered the at
torney.
And is that the climax of that exceed
ingly dramatic situation ?'' asked the Judge.
We'll, L said he was no gentleman. and
he said l was no gentleman. and 1 called
him hard name"
Judge Coffey remarked that this was the
nrst authentic account he had received of
the affair and that the Others concerned In
1t would have 10 appear and testify,
j. I'D. Sullivan took the stand TO saw be
had been misled about going up to Powell
street. He did not like that kind Of busi
n N
ton passing in the front room, as he sat on
the side of the bed all the time. The first
thing he noticed was kowalsky throwing
open the doors. He did not like being there.
as IT struck him there would be something
about 1t in the papers the next day.
Judge Cofiey drawing sigh)-And there
was.
They abused each other like pickpockets.
but neither struck n blow" said Sullivan.
Mr.: Corbett vas allowed to go on the
stand 10 make statement. He said he be-
came the guardian for Henry Macdonald
simply to oblige Mr.. Sullivan. He was in
experienced In such affairs. aud had been
led astray. He felt that he had done moth
ing wrong and knew that he had done MOTH
Ing die honest.
Judge Coffey-It's merely a matter of
legal liability. Mr.. Corbett.
II never read what signed"
haiti never read what you signed? p"
mo; was told q whole lot of stuff and Ii
was written down on foolscap''
Certainly IL must have been foolscap. IL
could not have been legal CAP"
Mr.. Sullivan Informed the court that pro-
ceedings were pending before Judge San
derson for the sale OF the real estate when
the proceeds would be divided up.
BE divided up among the attorney? ?"
asked the Judge.
Mr.. Sullivan explained that the proceed-
ings before Judge Sanderson were con-
nected with Duncan Macdonsld's claim that
he was a partner Of his brother. the late q.
K. s. Macdonald.
Judge Coffey said the partition proceee-
ings had not been before him. and this was
the first time he had learned that there was
ANYTHING more In sight for distribution.
Attorney kowalsky received a lecture
from the bench on the subject of cbamperty
and maintenance. ana was asked whether
he knew there was any statute on the sub-
1ect in California. He was unable to throw
any light on the subject. He thought. how
ever. that his contract for half the estate
recovered Tor Henry Macdonald was con-
sistent with the law of this State.
In the course OF the proceedings Judge
Coifey remarked that lawyer and n prize
hghter, he was informed. had felt hurt by
what they considered reflections on them
from him. He did not remember tina, he
mad said anything to hurt their feelings. He
nad not called the prizefighter lawyer nor
mad ne called The lawyer u prizefghier.
IL Is reported that the San Francisco Bar
association VIII investigate the conduct of
certain lawyers In connection with the
transaction Of probate business in view Of
Judge Coffey's structures.