The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-27
PHILLIPS AND HENDERSON.
They Share the Fate of Those
Who Went Before.
CHARGED WITH HEINoUs GRIMES
Mrs. John Appears Before Judge
Murphy and Reads an Amaz-
ing Affidavit.

firm of Phillips & Henderson, recently en-
gagged by that eccentric lady to represent
her in her numerous litigations has been
depOsed. Attorneys l.. E. Phillips and D..
II. Henderson are added to the list of those
who have worked zealously for Mrs. Mar
tin, only to find themselves cast adritt at
last with all sorts of aspersions and crimi-
nal charges hurled at their heads.
This new trouble came about in this wise !:
Mrs. Martin some months ago brought suit
against Frank S. johnson to recover $3.50
for rent due on her house at 2215 Van
Ness avenue, which she leased to Johnson
ut $3.50 month. The suit was contested
but ultimately compromised. attorneys on
both sides appearing before Judge Muir
phv and agreeing to settle the claim for
$3.50 cash. The money wSs paid over to
Phillips & Henderson on Mrs. Martins be-
half and thence arises all the trouble.
Yesterday morning Mrs. John Martin
marched into Judge Murphy's courtroom
and asked him to file an affidavit. She ex-
planned that it concerned her suit against
Johnson, and that tbs affidavit was in sup
port of motion to vacaIe the compromi Sc
already effected. Judge Murphy granted
the required permission, and Mrs. Martin
started in to read the affidavit. conceived
and committed by herself, and sworn TO
before Deputy County Clerk only few
minutes before.
The affidavit rected the particulars of
the suit against Johnson, and stated that
this had been COMPROMISED. entirely
against her will and without her authority.
The facts were these, said Mrs. Martin /:
Timothy j. Crowley was the attorney rep
resentng johnson, and she had gone 10
him on December 10 To mis- office, where
she Informed him that if he did not pay up
the full money demanded by her in her
suit by December Is all manner of terrible
things would happen.
Timothy ]. Crowley promised to meet
Mrs. Marin at his Office that afternoon
and pay her $3.50 in cash He said he
would have to go to the bank to obtain
the money. Mrs. Martin agreed to meet
him, but Timothy came not. Since that
date she got no satisfaction out OF Crow
ley and so she employed the firm of
Phillips & Henderson to do their best for
her. But according to this affidavit they
were by no means authorized to COM
promise for anything less than the $3.50
demanded, with costs of action.
The next thing that Mrs. Martin knew,
said the affidavit, was that on December
"A she received a note from Phillips &
Henderson saying that her suit had been
compromised. that $3.50 had been pad up
and deposited to her credit In the firms
books. Mrs. Martin never received a
penny of the money, and by her affidavit
she charged Phillips g. Henderson with
bsving appropriated the $3.50 to their own
f,rs
under false pretenses.
"Only week ago Phillips came to my
house and begged me to loan him some
money" deposed Mrs. Martin. Then she
stated that she did not do so, and that as
she never did any business with Ell her
Phillips or Henderson, except by written
contract, she owed neither of them any
money. So, in general sort of way, she
asked that the compromise of her action
against Johnson be set aside. the case re-
opened for hearing. and thai Phillips and
Henderson be adjudged guilty of fraud,
ENLIGHTENMENT and a few other crimes on
the calendar.
Judge Murphy remarked that 1t was a
serious thing to set aside a compromise in
case like this, where there had been
satisfaction of claims filed by both parties,
However, madam" said the Judge, 'if
you will serve the lawyers Interested in
the matter with notice to appear here on
Friday week, January 4, I'll hear YOUR
motiop."
Mrs. John Martin sailed out of court
vowing vengeance upon her attorneys, es-
pecially Phillips. She said he had en-
beZzled $3.50, and she would have taken
criminal proceedings only she had been
advised not to. Then she went away. and
in the evening departed for Weaveryille to
look after her late husbands property.
The devastating torrent of her wrath
rolled in her wake.
But Attorneys Phillips and Henderaon
have something 10 say about this matter.
They admit they have the $3.50, but saw
they were authorized to accept that. and
they mean to stick to il, too. It is placed
TO Mrs. Martins "credit."
my partner and l have done whole In,
of work for this woman" said Mr. Hem
derson, "and we've sent her bills from
time to time to which she has not paid the
least attention. We have been unable to
get any money out of her, and now that
we have got some of hers we ars not going
TO let it 60 AS to this suit of Mrs. Mar
inns and It's compromise, that is easy of
explanation.
Mrs. Martin went to Crowley and
offered to compromise with him for $3.50
Crowley agreed, but as he delayed In nav
ing the money this eccentric client of ours
abused him up and down. She accused
him of having received the money from
johnson TO hand over TO her, and of ba v.
ing embezzled it. Then she introd ueeo
me to Crowley, and instructed me to
obtain settlement with him.
THAT l did for the $3.50 which Mrs.
Martin had at first agreed to take. Crow
ley and / appeared before Judge Murphy
and effected the compromise. few DAYS
ago | wrote note to Mrs. Martin saving
L wished to see her GU important bust
ness. She did not come. so l wrote her
again. Again she did not come, so wrote
her once more, saying that her suit was
compromised. that our firm had received
the $3.50 and that this amount was placed
to her credit.
"fhis time she came" said Henderson.
wearlly. And she came with a yenge-
ance. Mind you she had been to
Crowley trying to get him to pay this