The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-10-13
Amazing Request of a
Court Clerk.
BACKED BY THE REPORTER.
Judge SanderSon' Officials Are
Not to Be CajOled.
OF MAJOR M'KINNE
Reporter PohIi Hasn't Got Those
Fees Yet and Clerk Slevin Speaks
of Cash Basis.

A little scene was enacted in Judge
| Sanderson's court yesterday, where the
Judge acted as referee in war of words
between Courtroom Clerk Slevin, Official
Reporter Pohli and Attorney Major Nc
Kline. There was no bloodshed. how
ever, despite the fact tb al the attorney had
to listen to some very PLAIN talk.
II was in the suit brought by f. G. Bor-
den against Il. III. Mcdonald Jr.. of Pa
cific Bank fame. to recover S194 80 for
services rendered. The suit was originally
begun III the Justices court, where Il
Judgment was entered in favor of Borden
! for the amount claimed, with SO y As 10
terest and $40 costs. From this decision
Dick Mcdonald took an appeal.
IL appears that the case suffered multi
tudinous cnutnuances, owing To the sick
ness OF Dick. who is now physically pros
trated in the sumptuous apartments pro-
vided for him by the county in its COM
mOdiuus hotel on Broadway street. His
incompetence in court was always salts
factorlly explained, but Yesterday it was
thought that the case ought to be proceed
ed with. Dick Mcdonald was represented
by Attorney Livernash. who stated that
he was ready tn 60 on at any time.
But, said Livernash. his client was not
quite vel, vet and 50 as 1t was not known
Tor certainty that the case would be called
1t had not been resolved to draw Richard
from his den. However, If any specified
time was fixed he could be produced in
court 20 fight his case. With these WORKS
Mr. Livernnre filed an affidavit to this
effect. and Judge SandersOn made an order
directing the Sheriff to produce Dick Me-
Donald ut p. NJ that day.
But at p. NJ. Dick was still absent,
and Under Sheriff Maguire appeared in
court to say that the ilustrious prisoner
was still unable to be moved. So the court
was wondering what ought to be done
next when Major MrKlnne, counsel for
| the plaintiff Borden, came to the rescue
with grievance. He said this case had
| been continued often enough aud it really
ought to 90 10 trial. For himself he was
tired of all this delay, and thought that
some dispos ltion ought to be made of The
| case.
/ Livernash had to say that he was willing
| to go on at any time, and would proceed,
! If agreeable, forthwith. He suggested
that the testimony of the plaintiff should
be taken, and that the case should then he
continued for the taking of McDonald's
deposition, or for the production OF him
in the flesh within the sacred precincts
where justice held sway. This seemed to
suit very well. and the wheels of justice
might never have been cl0gged had 1t u ot
heen for the unusual behavior IF Mr.
! III l.
Mr.. Clerk Slevtn had The bad taste to
take exception 10 the fact that neither
the plaintiff nor the plaintiffs attorney
had made good the fees. for which the
courtroom clerk is responsible. Slavin
ventured to respectfully address the
plaintiff ana Major Mchl0ne on this SUBJ
jet.
Il have 'em here" said Borden, and
straIghtway the plaintiff produced a piece
of paper, containing words to the effect
that j. j. Rauer was good for 50 fees in
this case, and would be responsible there
for. j. j. Rauer's signature was appended
10 the document.
"Tbe fees in this case are only So SAID
SIeyin calmly, hut l won't accept that
paper. Nobody doubts that mir. Rauer is
good tor the money, but what | want is
| cash"
Borden looked stupefed at this display
OF effronterv on the part of Slevn. He
scanned the 275 pounds proportions of the
bury clerk, and then Sitting an unparlia-
mentary ejaculation he remarked quietly
that he was sur Drlsed-yes, sir, surprised.
But Slevin was unQuailable. lie said :
NOW. Mr.. Borden. you know very we'll
| that YOU came to me some weeks ago with
that piece of paper and [ would not accent
! il. | told you you must bring the money.
| Now, Isn't that 500"
Borden confessed.
Well" answered Slevin, I've know
| that Mr.. Rauer is good, and he cannot be
so poor as not to furnish you with the cash
! if he desires to pay tae costs in this case"
All this time Judge Sander50n had been
peering over his spectacieS at the belliger-
ents. utterly bewildered. Finally, 1t oc-
Cured 10 him that as Judge he wasn't
having half enough to say. Il was time
! he took a hand in the fight. He sterply
DEPRECATED the offhand action of j. j.
Rauer.
I'VE might have the signature of a
Rothschild offered 10 u.s." he remarked,
but here we do business on a cash basis
| as far as we eau, that iS"-aS his Honor
| suddenly remembered a certain June when
| the treasury doors were closed against
him. Finally, the Judge suggested that
| the case go over one week, and that in the
| meantime the deposition OF Dick McDon-
aid be taken in jail. Mr.. Reporter Pohii
would be appointed commissioner TO
tlke the deposition. Was this agreeable
TO all?
Not until get my fee." shouted Pohii,
who during all this time hadn't mad a word
to say, and appeared much aggrieved
! thereat.
Here was another fuss, and Pohlt was
called upon to explain. This he proceeded
! to do with great alacrity, stating that lie
had enjoyed previous experience of Major
| McKinne, the which had brought him to
| look we'll after his ices.
McKinne looked hurt. and haughtily de-
maIded of PObll to what experience he
had reference. PohIi furnished him with
the information. naming divorce case
| tried some time ago. Pohl said he was
still waiting for his fee In that case.
"Mr PoBli, you will remember that
told you 10 get your Zee from the parties
in the case. do you nOt?"
Yes. but look to you. Pm willing 10
take this deposition, but must be paid in
advance" finished tue unQuen cb a bic Pnhli.
| Borden at this juncture came in with
] another cOmplaint concerning the non
acceptance of Rauer's note. It ought to
| be accepted, he thought. Clerk Slevin.
however said he did not propose to chase
| Rauer over.the city for his fees, nor have
any trouble at all. The fees must be put
/ up in cash.
| Seeing that an agreement was hopeless
Judge Sanderson ordered the case con-
| tinued for one week. IL was to be under
stood that Borden must bring his fees in
| his pocket next time. so saying the
| parties separated.