The morning call., 1892-07-22
LYONS AND HIS FEE.
He Demands SIS. 900 for Services in the
Fuller Estate.

He Demands SIS, 900 for Services in the
Fuller Estate.
All day yesterday In the hearing Of the
contested matter of the final account of the
executrix of the estate of w. p. Fuller.
Judge Coffey listened to the testimony of
the various lawyers who were retained and
received big fees in the litigation over the
partnership affairs of Whittier, Fuller &
Co. and involving Of course an important
asset of the estate.
Timothy j. Lyons. representing the minor
heirs and now ma king the contest, as some
say. to lay the foundation for his fee in the
estate, was also on the stand and reviewed
at length his connection with the estate
MIR. Lyons gave the court TO understand
that he had as yet made no demand for a
fee and the request to name the sum which
he would demand for his services came
gratuItOusly and in a most friendly spirit
from the other side. but at time when he
had not fully made up his mind what he
would charge. While he then made no
dehnite answer. yet considering that the
other attorneys in the estate had each re-
ceiyed $4,000. lie had IntImated 10 w. p.
Fuller JT that he thought he should re-
celve the same consideration as the others
and should receive not less than $4,000.
This intlmaton so appalled, Mr.. Fuller
and Disconnected Mr.. Booth" tue latter as as
attorney for the executrx, that nothing
more ever came out OF the interview But
whatever the effect of the intimatoa then.
II was mlldness itself compared TO that pro-
duced in the courtroom yesterday after
noon, when Mr.. Lyons calmly stated from
the witness stand that after full considera-
tIon he valued his services at SIS, 900, and
expected that sum as a fee. Before the
adjournment of court, Judge Coffey an
nOunced that he would not allow such sum,
but further continuing the matter until
tuesday afternoon, requested Mr.. Lyons
TO furnish by then n written statement of
the services rendered.
Another interesting piece of information,
which came out at the hearing, was that Mr..
Lyons was appointed at his own written
solicitation to represent the minor heirs
Mr.. Lyons had represented to Judge Coffey
that his choice by Mrs. Fuller and
him as compliment. and for this
and other reasons, which were urged,
the writer braved a violation of
long and well established rule Of his Honor
not to be governed or moved by suggestions
or recommendations in the making Of ap-
pointments. 1t appeared also that one OF
the minor heirs, afterward represented by
Mr. Lyons, had attended school with his
sister, and tins circumstance was recalled to
pave the way for the very amicable relations
which at one stage Of the litigation had ex-
listed.
AS regards a receipt for $500. paid him as
retainer" Mr.. Lyons made an eXplana-
ton In effect that he had been consulted,
and that assurances had been given him
warranting him in believing that he would
be called upon in the partnership litigation
to defend the interests of the minors; but
that all the other lawyers in that case had
severely dropped" him. However, he de-
sired il understood that in his fee OF $4,000
he included no charge for this disappoint-
ment. The word retainer" he said, was,
perhaps, an improper use of language but
he claimed that Mr.. Fuller Jr. had dictated
the receIpt-a statement which the latter
denied.