The morning call., 1894-06-27
One Thousand Dollars to
Russell Wilson.
SUPREME COURT DECISION.
His Contract for Governor Mark
hams Letter.
PRODUCED AT THE CAMPAIGN.
Revival of a Sensation That Stirred
Political Circles Nearly Four
Years Ago.

The Supreme Court has decided tha,
Irwin c. Stump must pay to Russell j.
Wilson the sum of $1,000, which was
agreed to be paid by Stump for the produc-
| tion of a famous letter written by Governor
Markham.
The circumstances surrounding the case
created a great sensation at the time OF
the happening of the events which led up
to 1t. rs it involved, to a certain extent.
the political character Of the man who
since that date and up 10 the present has
held the gubernatorial office.
II goes without saying that no small in
terest was attached to the issue of the
present suit.
The events date from October. 1890,
when the present Governor was a candi-
date for office. The campaign was in full
swing when 3 bo mbshell was thrown into
the Republican camp by the assertion OF
Russell j. Wilson, one of the opposing
party, to the effect that Markham had
written very compromising letter.
The letter in question. which was after
ward published in full. proved to have
been written by the present Governor
from ManitiOwOc, Wis, to his friend and
partner IN California named Z. g. Hal
lock. The letter was purely of a friendly
nature. with expressions of hone regarding
the success OF some mines in Los Angeles
County in which the writer was interested.
II bore date August s. 1881.
But the portion of the letter to which ex-
ceptiCn was taken was the following SEN
tence: 81 am glad that Irish crowd are
ont, and hope that the Cinnamon will .ba
all right" This sentence was repeated
over and over again by Russell Wilson
and others at various political meetings,
a nj oNpcT rAsAFo xu N nf he
sation.
Markham's cause was taken up by Irwin
c. Stump, who publicly registered an offer
of $1,000 to the man who could produce
such letter. His challenge was taken up
by Wilson. and a letter produced answer
ing to the description stated.
Word was sent to Governor Markham
but the autheDcity of the letter was neither
affirmed nor denied. Thereupon, Russell
Wilson Instituted suit against Markham
for the recovery OF $1,000, which Mr.. Stump
had refused TO paw. A demurrer inter
posed to the com pIaint was overruled aud
judgment given TO plaintiff by default, tho
defendant putting in no answer Mr..
Stump appealed.
In deciding against Mr.. Stump the Su-
preme Court says:
1T is true that the alleged offer and
promise to pay the reward was only a pro-
posal or conditional promise on the part oil
luO hCltuhanb uOl q aleu-
contract; Dut If. 10 reliance upon that offer
the plaintiff accepted the proposal and per-
formed the service for which the reward
was offered before the offer was revoked,
valid contract was thereby contaminated.
Nor Is this eontroveTted by appellants
counseli but be contends that the COM
plant does not show that plaintiff knew
tie reward had been offered, or that plain
tiff performed the service in reliance upon
the promise OF defendant. We think, how
ever, the language of the complaint clearly
implies all this. and is quite sufficient 10
stand the test OF general demurrer.
~ hese alleged deficiencies are not
specified in the demurrer Qf it may
be called such). the only specification
being that the complaint does not
show any consideration for the alleged
contract, while the points made here are
much more spec cific, and not necessarily
suggested by he demurrer.
But the allegation of the complaint is,
that in consideration of said Offer prom
ise and agi cement on the part OF the de-
fendsnt, the plaintiff produced letter.
ETC., and then demanded the reward; and
this means that the offer of the defend ant
was the cause which moved plaintiff to
perform, and implies that he knew, be-
fore he performed. that the offer had been
made.
"It is further objected thatthe complaint
does not show that the offer had not been
revoked before the performance. The
complaint shows that the offer was made
October "a, and that within FIVE DAYS
thereafter, in reliance upon il. the plaintiff
performed the service requested. Prima
face, this shows complete contract and
performance on the part Of the plaintiff.
The offer was not limited in time, and the
presumption is that it was open on the
fifth day after it was made, nothing to the
contrary appearing. The revocation of il,
If it had been revoked. was matter of de-
fense."
So Irwin c. Stump will have to pay to
Russell j. Wilson the sum of $1,000 for a
letter the authenticity of which has never
yet been proved.