The morning call., 1893-01-26
HE WAS A STEERER
J. M. LitCE1fieid's Exploit
i'm a Great Crisis.
HIS CLAIM FOR A COMMISSION.
How He Invoked General McCOmb's
Influence and How the General
Drew on Him.
Joseph NJ. Litchfeld, the military tailor.

Joseph NJ. Litchfeld, the military tailor
obtained a verdict for SS4 II against Henry
V. ALLEN & Co., dealers in military equip
ments, New York City, from q jury in
Judge Sanderson's court yesterday.
The evidence in the case threw some
light upon a remarkable business transac-
ton which took place dozen years ago
and recalled a memorable episode In the
history of San Francisco.
Following the stormy days Of the sandlot
agitation and riots the merchants of this
city raised a purse of $1,000 with which TO
buy uniforms and equipments for the Ma
tional Guard. General Barnes was at that
time division commander and Joseph NJ.
Litchfleld was an officer on his staff, with
the rank of captain. General John Me-
Comb was in command of the Second
Brigade. The merchants had been in-
formed by General Barnes that if they felt
the need of additional military protection
he would secure large number of recruits
if they would agree to provide the addi-
tional uniforms and equipments required.
The merchants thereupon raised the neces-
sary funds and appointed Moses Heller,
Adam Grant and Thomas III. Selby COM
mittee to disburse the money.
Captain Litchfield with an eye to the main
chance undertook to make a commission out
of the sale of the equipments and at the
same time keep himself in the background.
In this business he invoked the assistance
of General McComb. The New York firm
were advised by letters and kilograms that
S. Heller in New York was authorized TO
buy the equipments. General McComb had
wired lien 81 Co. to do the best they could
for Litchfield aud to telegraph the result.
In reply 10 letter from Ltchfield AL
lien & Co. stated that they could allow him
nothing unless he ordered direct from them
Itch field in his letter stated that he had
taken the best course he could to steer
the business into their house and that they
had made the pIlce with Mr.. Heller with
the understanding that he, LiIchteld, was
to receive 10 per cent commission on the
bill; that the goods would have to be aD-
proved by General McComb of whom Mr.
Heller gets his orders. and who has assisted
me in getting the business for your house"
Two months later, in July, 1880. Captain
Litchfield was heard from again, In that
letter he wrote TO ALLEN IL Co.:
! found that the only way TO steer the business
10 you was by taking the course did, and afier
tslegraphlng 10 you aud receiving your answer.
succeeded IN steering the business 10 you, aud
have seen that tile goods received have been re-
ported satisfactory. L could nave re-
ceiyed the same amount you promised me 10
have steered II TO another house. The name OF
your house was not mentioned until /, Ia an APP
psrently uuinierested way, gave you pun.
will admit that could not have accomplished
my OBJECT without the assistance OF my personal
friend General McCOmb. la order TO
make a succr IS had 10 appear disinteresteG, as
also did General McComb.
To this letter the New York firm replied
that the d scount they had allowed for cash
they would have much preferred than the
profits arising from the execution IF the
order.
m
again dropped the sword and took 10 the
pen. Ee asked ALLEN Il Co. 10 inform him
what they could afford TO pay him If they
could not afford TO pay him 10 per cent, add
ing II wish to know as soon as convenient,
as / have TO make q settlement with
gentleman here who SISTED me In steering
tie business 10 your house and to whom L
made a pledge on the strength Of your
telegram"
Nothing seems to have been arranged.
Allen & Co. having allowed a discount
amounting to about 500 TO another party,
steadily refused TO see the gallant captain.
On January IA they again hear from him.
and he vaunis his skill as steerer, also
announcing that lie has referred the matter
10 his attorney, w. Ii. L. Barnes.
To this letter Messrs. ALLEN & Co. replied
by forwarding q bill TO Captain Ltchfield
tor S64l SO for supplies for officers which
they say had nothing 10 do with the contract
affair. The captain replied with reitera-
tion Of the whole story and stating that he
only desired a just and equitable settlement
upon any fair proposition they might make.
In this letter he wrote: Il have nothing to
conceal frcm any one General McCOmb
may express his own opinion. He assisted
me very materially In steering the business
TO your house and has already drawn on NE
for upward of $500 on account"
This ended the correspondence. On
March %, 1881, ALLEN 81 Co brought suit
faid G fOr For
goods sold and delivered. The captain in
his answer claimed S6S6 SO, the amount of
his commission. as an offset and asked judy
ment for the difference and interest on the
same al per cent and costs.
Yesterday all the Ltchteld letters were
introduced in evidence. Mr.. Barnes, as at
torney for Litchfed, testified that the suit
having slumbered for nearly ten years he
supposed 1t was dead beyond hope of resur-
rection. and when he removed his office two
years ago he had destroyed the letters from
ALLEN e Co.. and what documents he had
relating to the case. Oral evidence was
thereupon admitted, and Litchfield testified
that the firm had promised TO pay him a
commission.
McUomb denied that Litchfeld had ever
paid him any money. He stated also he had
no recollection OF any understanding with
Litchfield to receive any share of his CON-
commission.
William Is. Sharp, attorney for ALLEN &
Co.. moved for a nonsuit on the ground
that Litchfeld's contract was against pub
lie policy as ii was the abuse OF public
trust.
In denying this motion Judge Sanderson
remarked there was no evidence that Litch-
field was an officer, and that McCombs
attitude was merely that Of a philanthro-
pist. He said that the evidence did not
show that McComb was Influenced by any
other than phlanthr0pie motives.
The iury brought in a verdict in favnr of
Ltchfeld for the sum of S84 II, and Mr..
Sharp announced his intention to take an
appeal to the Supreme Court.
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