The morning call., 1893-04-14
A MODERN LEVITE.
Kowalsky Left Macdonald
to His Fate.
JUDGE CoFFEYs LONG LASH.
A Merry Time ior the Attorneys of
the Heir to the Macdonald
Estate.

1t being generally understood that Judge
Coffey would settle the much-vexed ques-
tion of counsel fees in the Macdonald case
yesterday morning, large crowd of law
yers and others were in attendance in the
courtroom when the case was called.
The STERN Of judicial wrath which has
been gathering and sometimes partially
vented during earlier sessions of the pro-
ceedings in the afternoon broke with a
hurricane of bitter rebuke, followed by a
steady downpour of sarcastic and unsparing
criticism.
During the morning session II. |. Kowal-
sky testified 10 having received in all $4,000.
half OF which went to j. d. Sullivan, VINO
originally employed him 10 assist in the
prosecution of the claims of Henry Mac
Donald. W. II. L. Barnes was also emf
ployed. and accOrdngto 10 his testimony given
week ago had been the legal head and
shoulders of the case.
Before putting in the last bit q Testimony
as to the value of the services rendered, the
court asked for the surrender to it of tho
celebrated contract in whi h the mother OF
The heir promised half Of the estate TO Mr.
Sullivan should he successfully establish
the claims of her boy.
Il have, of course, ruled that that con-
tract Is void and cannot bind the court in
theeSs, desire that it be surrendered into
cnurt so that the minor shall not Tatify il
when he becomes of age, as was done in
the Blythe case. l have had enough OF that
sort of thing in this case"
Il have a copy of it, your Honor" said
Mr.. Kowalsky.
That isn't enough; / want the original"
Mr. Sullivan stated that he did not know
where II was, although lie felt sure II could
be fourd.
lynn mnst nriza ~ Ia have ,al,an oopias
of IT," commented the court sarcastically.
"On the contrary. your Honor" assured
Mr.. Sullivan IN reply. II have given up all
claim to It's enforcement, obedieutly 10 the
ruling OIL the court declaring it 10 be null
| and VI i'd. All | expect Is q fair fee for nv
| services and reimbursement for money
| actually expended or for which l am now
| liable"
The last Of the expert testimony on the
| value of the services was given at the be-
ginning OF the afternoon session by Joseph
| Naphtaly of the firm Of Naphtaly. Freiden-
| rich & Aekerman-
Mr.. Naphtaiy claimed to be familiar with
the facts, and upon them he based the
opinion that the services were worth no
more than $4,000 in all. He said he would
do the work for that amount.
The case was then submitted to the court.
According 10 the statements recently filed
the total estate tn be distributed 10 Henry
| Macdonald is about $4,000. The Kowal-
4
| ask for about S20000, not. however, as Mr..
| Sullivan took pains 10 assure the court be-
| cause his contract calls for that amount,
| but because he thinks ii a reasonable figure.
| Judge Cotey was pTimed and loaded
| loaded for bear one might be excused for
| thinking, judging from the way he con-
| Quoted the ensuing fusillade.
| He read voluminous decisions and other
| authorities In support Of his former ruling
| that such contracts as that entered into
| With the mother OF Henry or with the ad-
ministrator were to be frowned down by
| all sef-res pectlng tribunals. quoting the
| Supreme Court as declaring that such prac-
| tires tended to degrade botE bench and bar.
| Further, that the custom OF having at
| torneys sworn to testify to the value Of legal
| services performed by their brethren in the
| very court In which those services were
mainly performed, was equally perncious
! and subyeISive of Interests in the sacred
| keeping OF the court.
"In such cases." said Judge Coffey.
warmly, "the court is as we'll qualified 10
appraise the value Of services performed by
| attorneys trying cases before it as any mere
outsiders.
notice of the ease with which counsel who
/ ask eXorbltant fees obtain testimony from
| fellow lawyers corrobOratiDg the valuation
| they place uGOn their own services
Why. II | were TO give you gentlemen
| ZOO OF $4,000 OF this boys property |
might as well distribute tha whole estate to
| you and have done with it,"
Mr. Sullivan-I have expressly waived my
| claim to half under the contract.
The court-lndeed! But the coincidence is
most singular that you ask as reasona BILE
| fee the exact sum you would be entitled TO
| under 1t.
Snlivan-It may be a coincidence
The cOurt-lt Is coincidence that In
| variably happens In all these cases. Ii is a
| coincidence which l do not remember as
| ever happening to me.
This whole case from beginning to end
| has been source of untold veXatton and
| annoyance to this court and lasting dis
| grace tn itself and the bar.
''At every step this court has been op-
| posed and thwaTted by its sworn servants
| Even in such trivial matter as the pay
| ment of that So and some odd cents the
same spirit of opposition and trickery has
| been manifest. To-day that lrihng sum
| has not been paid into court, although had
| the most solemn promises aud assurances
| that it would be.
But no amount of revilement and abuse
| to which this court has been or may be
subjected will deter ii from performing
| what 1t conceives to be its sworn duty ia
this case.
That one Insignificant matter have Just
| alluded to Is in itself significant of the JUS
tification of this court for its criticisms of
| the management of this case.
ut seems strange indeed that 1t should be
| necessary 10 say all this.
81 shall decide upon the allowance of fees
| Tomorrow. want 10 do exact justice to
all parties. and whatever moneys have been
| disbursed will be repaid"
Mr.. Kowalsky-I can have an account
prepared at once and filed tomorrow, show
ing all expenditures already made or which
we are pledged to make
'Where is the boy nowP" asked Judge
Coffey, with sad ana weary look in his
blue eye.
"Out at sea. l believe" answered Kowal-
sky. HE was last eeen on the occasion of
MS trying 10 kick down his mothers door,
one night while iu drunken condition.
zine last time saw him was on Kearny
street He was reeling along in a horrible
condition"
There was contempt In the cold glitter of
the blue eye as the court asked
What did you do. Mr.. Kowalsky. when
you saw the poor lad that night on Kearny
street?"
Kowalsky put his hands in his pockets
and said. with an air of injured innocence
Il simply passed him by without doing
anything minded my business and walk ed
| on.
II have been too long the victim of ingrati-
tude," he continued. in a melodramatic
voice, ito do anything more for him or put
myself out in any manner to help him. He
has bad habits and is no good"
where d you suppose he learned his bad
habits ?? pursued the court ironically.
"Oh, suppose It's the result of his Tar
| Flat training" answered the attorney, with
| an Indifferent shrug of the shoulders.
Judge Coffey replied that he thought Mr..
| Kowalsky had better knowledge of local
| geography than TO locate Tar Flat in the
| POtrer0.
The bit OF humor was inadequate to offset
| the prevailing bitterness of the courts re-
marks. With bowed heads the twenty or
thirty lawyers present squirmed under the
! tireless lash of the courts structures
AT little before p. NJ, with q parting
adnonition to Sullivan TO submit the ac-
| count on the morrow, and much 10 the re-