Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-06-22
LOOKING FoR THEIR FEES.
Suit in the United States Circuit Court
.-Judge Dallas Listens to Argument
From Prominent Attorneys.


From Prominent Attorneys.
An important suit was commenced in
the United states circuit court Thurs
day before Judges Dallas and Wales. The
former presided. being circuit judge for
this district, which includes Delaware,
New jersey and Eastern and Western dis
tricts of Pennsylvania 1t is the second
time since his recent appointment to the
bench that Judge Dallas has sat here. He
is the Democrat who was appointed to the
bench by President Harrison.
The present suit is brought by Messrs.
William q. Wilson, Hamilton Wallace of
New York and senator Gray and William
C. Spruance of this city to recover a rea-
sonable sum for their services in the
course Of the McComb estate litigation.
which has been going on since 1882. These
attorneys have successfully conducted the
case through the circuit and supreme
courts, gaining their suits in each case. AS
stated the contest is to obtain n reasonable
compensation for their services during
this time. They claim lien on the
decree which they gained for their
clients. The amount of the decree
with interest amounts approximately to
the sum of Sll2,OOO. In their statement
this morning the attorneys asserted one
third of the amount of the decree AS rca-
sonable compensation for their services.
All that they have received 50 far is re-
tanning fee of 500 each at the institution
Of the suit.
At the commencement of McComb liti-
CATION Ambassador Bayard was of the
counsel. lie withdrew when he was ap-
pointed Secretary of State and was sue
ceeded by Mr.. Spruance.
George IL. Bates was present in court as
representative of the McComb interest. As
counsel he IS anxious for a settlement Of
the contest. He has the money in hand for
the payment of counsel. Until the amount
of the decree is paid his clients estate is at
! the expense of interest amounting to SIS a
| day. He therefore asks for Il speedy set
tlement of the contest.
Henry schmidt of the New York bar,
represented on Thursday certain assignees
of the Judgment against the McCUmb
estate.
The history of the present contest is that
Il decree was given against the McComb
estate in favor ui the snyder adninistra-
! tors. The latter, after the decree in court
was recovered sold it To aukenshaft and
| Noisht Of New York city. The case then
went on appeal to the supreme court with
ont the attorneys, Messrs. Wilson, Wallace,
Gray and Sprtance getting notice that the
| assignment was absolute and without their
services being dispensed with. Then an
| execution issued against the MCCOmb
estate at the instance of the attorneys re-
! lGIlCu W lNl llAll Hu9C Va lNNVfNlltlB
amount of the decree which with interest
amounted to about Sll2,Q0O.
| George II. Bates Mrs. McG'omb's attor-
| ney, was then notified not to pay the
amount of the decree to Snyder's attor-
| neys, and at the same time Mr.. Bates was
notified by Messrs. Gray, Spruance &c,
not to pay to Waukenshaft and Noight,
! the assignees. the amount of the decree.
| So that Mrs. McCumb, who had the amount
] of the decree III hand an was ready to pay
| it to whoever was entitled to ii, presented
| through MIR. Bates 4 petition in court SET
! ting forth the above facts and asking the
| directions OF court III respect To same. The
| payment of interest upon the large sum is
4 hardship upon her.
| At the close of argument IN the United
| States court on Thursday ;. redmond
smith was appointed examiner to take tes-
tmony. The amount Of 900 has to be
4 paid into court forthwith,
1 Last Wednesday Judge Wales passed
\ sentence in the various cases ililOn which
convictions had been found III the fore
4 noon. Isaiah lonHo, colored charged with
improper use Of the mails. was sentenced
/ to nav Il Tine of $50 and costs. In the
second count against the prisoner District
/ Attorney lienlah Watson entered nolle
| prcsequi.
Daniel Morris, one of the crew of the
I British bark CDromandel, convicted of dis
| ohcyng the captains orders, WAS sen
| tcncrd to five days Imprisonment, IN
passing the sentence Judge Wales observed
! that the prisoner is reported to be good
sailor and was under the influence Of
\ liquor at the time lie committed the
| offence. .-.
Mr.. Watson entered nolle prosequi in
| tho case Of August schmidt, the other sea-
/ man Of the same vessel. The prisoner was
| discharged.
Court adjourned until Tuesday.
Al the adjourned meeting of the United
| States district court Tuesday, the case of
| John fortucr, charged with selling liquor
without special license was postponed to
Friday next Andrew h. ~anboru ap-
| pcared for the defendant. William Rudd.
/ James O'Neal, Leonard Cnainbcrlan,
| Richard Schultz, Robert Torrance and
! .lonn Nahart, seamen of tho American
| barkentine Herbert Ii. Fuller. held 1T
New Castle under the charge of disubcdi
! enCe to the captains orders were ordered
released by the court. Marshal LaEiEln let
| ibe men gn Tuesday afternoon