The morning call., 1893-05-18
SULLIVAN'S TALK.
He Says No One Kicked
but Judge Coffey.
JUDGE LEVY ALSO TESTIFIES.
Witnesses i'm the KowaIsky Disbar-
ment Case Give Testimony
for Kowalsky.
JUDGE LEVY ALSO TESTIFIES.

The testimony on behalf of the prosecu-
tion in the proceedings TO disbar Henry l.
Kowalsky was concluded yesterday and
that of the defense begun.
There seems to be no material conflict
in the stories told by all the parties exam
ined, and the result of the inquiry will
necessarily be determined by the view the
Supreme Court will take in regard to
whether the state of facts warrants the con-
clusion that Attorney Kowalsky has CON-
mitted a breach of good faith as between
himself. the Probate Court, and his client,
2. j. Corbett.
Judge Coffey having finished his testi-
mony on Tuesday, his associate. Judge
Levy, was put upon the stand yesterday
afternoon. His connection with the affair
appeared to be substantially as follows:
On October Kowalsky came into Judge
Levy's courtroom. and said he was going
to Los Angeles; that he had come out to
the City Hall to get an order from Judge
Cotfey for part payment on account of
the fee il the Macdonald case.
Il told kOwalsky that / thought the
guardianship was in my department, but
Kowalsky said he didn't think so, but he
would look into the record and make sure.
A4C ull 80 duu lUuuu WAS IlSHI. de I0eD
sald he had an order for part payment
OF counsel fees. and | said that OF course
every one in the city knew that services
had been performed and that | would
allow him the money. l asked how much
he wanted and he replied $4,000
Il said that 1t was reasonable enough.
upon which KOwalsky said, Judge, |
think it proper TO tell you that [ have Just
asked Judge Coffey 10 sign the order, and
he has refused | said, We'll, since a
brother Judge has seen fit to refuse to
gn the order, do not like to do so in an
informal manner, but if you will present
the order TO me regularly l will sign it as
matter of course
Il knew that Judge Coffey had a rule
that no allowances on account of attorneys
would be made except upon affidavit and
statement OF services rendered, which rule
did not prevail in my court"
+. j. CorDett, ex-suardlan of Henry
Macdonald, next took the stand and re-
lated his connection with the affair.
Two or three years ago he had con-
sented to act as guardian at the solicitation
OF j. ID. Sullivan, the attorney of record in
the Macdonald case.
After the case had been won a COM
promise was entered into, and one after
noon he and kowalsky had an interview
with Judge Coffey in relation to the COM
promise. Judge Coffey made no remark to
the witness at all, but talked over with
Aowalsky the adyisabllity of the CON-
promise.
Previously. however. he (CorbetD had
been told by the Judge, to pay out no
moneys except upon an order of court.
C0rbett then went on to relate the cir
cumstances of the payment TO him of
$500 by Public Administrator Pennie un-
der the terms Of the compromise and how
he banked the money. Continuing, lie
said:
Mr "a le1- T
vans office and after talking over some
matters connected with the sale of some
real estate the subject of the money was
broached and Sullivan and Kowalsky
spoke OF getting payment on account of
their fee.
"Kowalsky went out to court with a
petition and order and told us he would
telephone down if it was all right before
the bank closed SO that l might draw the
money, Kowalsky desiring to 90 to Los
Angeles the following morning.
lie soon telephoned to us that it was all
right. upon which / drew out $500 and
Mr.. Sullivan stacked it on his desk.
"kowalsky returned and told all about
his interview with both Judges and said
that Judge Levy had promised to sign the
order as soon as II was formally presented.
In the meantime what shall do with
the money?' L asked, and they repliedlthat
they would give me their Joint recent for
forthcoming, and that it was all 0. K. l
gave them the money and took their re-
ceipt"
On cross-examination Corbett said that
although he always heard what Mr., KoY-
alsky had TO say he acted only a. MIR. Sui
llvan's direction. and that if Mr.. Sullivan
had not said it would be all right he would
not have paid the money. He further
stated that he never had supposed that
either OF the attorneys had done ANYTHING
irregular. AS soon as the propriety of the
payment was questioned Sullivan and
kowalsky had assigned to him $1,000 of
their interest III the estate 20 secure him
Attorney j. ID. Sullivan testified substan-
TALLY as Corbett had. He remarked that
he was free to conf fess his inability To
ascertain who was dissatisfied or objected
to their course OF conduct except Judge
CUffey. He corroborated Corbett in re-
gard to having indemnfied the latter from
all responsibility for the payment of the
money. He said:
AS attorney of record in he Macdonald
case L applied for compensation for all the
attorneys. After an elaborate argument
Judge Cotfey allowed me $500 ana S11oO
paid to the boy. This is about one-fourth
what we think we should have been
allowed, and intend to appeal from that
order. But in the meantime Judge Coffey
will OF even allow me to draw the S1lOO.
he insists that | cannot get any of the
money without signing for the entire
amount, SO that ii | appeal / cannot get
any part of even the S1100. The other day
paid $500 to General Barnes out of nv
own pocket. Ado to this other moneys we
are out and the fact that we have assigned
$1,000 of our interest In the fee to Corbett
and you can then judge Of our profits ip
the Macdonald case.
That closed the case for the prosecution.
and by way of defense Kowalsky took the
stand and went over the case from begin
ming to end. He related his interview
with Judges Levy and Coffey in almost the
same language as that used by the Judges
themselves, and his narration of the cir
cumstances under which the money was
paid in Sullivan's office, and the CONVERSE
ton between the three men also tailed in
every essential particular with the testi
mony of Sullivan and Corbett
There will probably be a little more
testimony on some of the side issues, but it
will be unimportant as compared with yes
terday's.
The issues are now narrowed to ques-
tons OF legal ethics and the implied obli-
cations Of attorDeys-at.law.