The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-03-24
AFTER A RETAINER.
Miss EllWert "JuSt Got Tn and
Kicked Against It,"
Senator Wilson's Defense Of Case by Fe-
male Clients Who Had Bothered
Him to Death

Justice OF the Peace Cook devoted yester-
day to the trial of the case Of Mrs. Ellwert
and her daughter against Senator J. n. E.
Wilson to recover $3.50. which, they say.
was paid him for professional services
which he did not render, while he declares
that it was received as retainer only. and
that the services actually rendered before
he decided to discharge his clients were
worth from $500 to $500 and more.
Mrs. Eilwert is an old lady, whose defect
in hearing is Offset by great garrulity. She
Is sister of the late Solomon Heydenfeldt,
claiming to be residuary legatee. and is or
has been mixed up good deal in litigation.
The daughter is a straw-col0red blonde,
with considerable embonpoint. is over the
years OF cUltishness and is of an excitable
and nervous temperament
IL was In evidence that before coming to
Mr.. Wilson the Eliwerts had had several
attorneys engaged in their litigation and as
many more after taking their business from
him, and mat with none OF them were they
satisfied. making on the contrary wild
charges Of fraud and perjury against them.
A feature in the case also was the receipt
signed by Wilson and on which the case
hinges principally, as the plaintiffs claim
that this payment was for all services 10 be
rendered.
This receipt was written in the presence
Of the clients by Mr. Wilson's clerk at his
dictatloD, and then signed, though the Ell
werts testified that Wilson himself wrote it.
THE RETAINER
Being produced in court. this receipt was
found TO have been changed inSOmuch as
that the words "as retainer" were crossed
out with pencil il was obvious to any one,
u az =
services 10 be rendered would be $1,000 with
$50 as retainer, and Miss Carrie, the
daughter. that when mamma" brought
the money to the office Wilson accepted it
with the words. that's good little girl,
and that when the signing of the receipt
was in order she Just got up and kicked at
the words, as retainer " and he laughed and
said, ." All right draw line through il"
Miss EllN ert continued with long story
CT the many visits TO Wilson Office 10 have
HIM make return of the money. She said:
Sometimes he'd stick his head in and out
OF Ihe dU0r like peacock in the sand, and
we'd sit around until night without seeing
him. That was after he had coaXed the
money out of me, and said 1 was a good
little cir! f"r getting 1t. Before that he was
very polite and ALWAYS at our service. Well,
we'd go to Mr.. Wilson's office and he
wouldn't be there. Hel write US to come
there to his Office, ana he'd be in Sacramento
or Marysviile, and we never got no chance
TO talk business with him, and that's fact.
We wanted the money. because We did not
believe Mr.. WilsOn-he had told us so many
whOppers-"
COMMENTS OBJECTED To.
Now, now" protested Attorney Bert,
Il object 10 such comments"
The Court-Wel, we'll, Mr.. Bert, expert
ence has shown me that when a lady is on
the witness-stand the most expeditions way
Is 10 let her have her own way.
"Wpn | hnpa fhe vVitDpSs III rafrain from
giving us her opinion about Mr.. Wilson or
any other person."
Mr.. Bert, | don't allow no gentleman to
insinuata me-" was Miss Ellwert's ret0rt.
Miss Ellwert concluded with her version
OF Il notable wait for Mr.. Wilson from about
! r. NJ. until $50 Z. NJ, during which time
she and her mother we're cooling their heels
in the hallway of the FiTeman'S Fund Iu-
surance COmpany'S building, notwithstand-
Ing that the office boy had i0ld them that
his principal was not in. Said she But he
would not come; he just staid liz the inner
office and kept perfectly still. just as still
rs he could bP. But we was Just as foxy as
lie was, and We went out INTO the hall and
waited tor him, We did. All that afternoon
we waited and he had 10 lose his San Rafael
boat. AT 10 minutes TO O'clock out comes
Mr.. Wilson, II you please, as big as life,
with his overcoat on his arm. Mamma
caught hold of him and asked for her money.
Mr.. Wilson said he had changed his mind
said he had not acted like a gentleman. aud
| don't think he could act like a gentleman
If he wanted to, SO there"
A PATHETIC STORY.
Mrs. Ellwert then told a pathetic story
of her legal woes, corr0bOrating her dangh-
ter In every particular.
Mr.. Wilson, in defense, went into a long
history of the services rendered by him in
connection with the litigation entrusted into
his hands, emphatically contradictlDg the
good little girl' episode, because he never
so addressed lady clients. He also gave an
explanation of the other episode In the hall
way, making 1t appear very commonplace
affair, with no incidental buttonholng or ac-
acknowledgement OF any Indebtedness or
promise to refund money.
PESTERED TO DEATH.
Mr.. Wilson said that during his short ac-
quantance with the E1lwerts lie had been
pestered almost to death by some fifty or
sixty visits at hours and times when he was
most busy, and he had concluded not to
continue longer as their attorney. Mrs
Ellwerts interviews lasted from three-ouar-
ters TO one hour and a half, and she had
really become a burden, wherefore he
sought. under many pretexts, to avoid see
ing them
Among the various services rendered
them, and which, according to the testimony
of various lawyers called in as experts, were
valued by them at from $500 to $1,000 was
the sdftiS oI lueii property cue DAY before
the advertised date from sale IN salts faction
of Judgment On this point there was
direct conflict Mr.. Wilson claiming that ne
had made the accidental discovery of the
advertisement in the Bulletin, and the
EllweTts insisting that they had brought the
publication to his notice.
In giving his testimony Mr.. Wilson re-
ferIed TO Mrs. Ellwert as "the old lady" and
''volube old lady"
Il protest against this studied insult of
these defenseless ladies'" exclaimed Mr.
Orr, the champion of the ladies, and Jump
ing 10 bis feet. This witness should be
taught lesson in politeness.'
Tut tut. tut" interrupted Justice Cook,
mo studied insult has been meant. | have
often been referred to as AN old man. and
no insult was intended. Surely the daugh-
ter would not be insulted to be called "A
young lady,
Mr.. Orr was Gained down and Mr.. Wilson
compromised by aiuding to the plaintiffs as
Mrs. aud Miss Ellwert. though before the
close of the trial there were many other
sharp and amusing passages alarms be-
tween him and the other counsel. Judge
Cook Will 0apida the On ga nm Monday