The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-13
Mr. L|VERNASH WILL QUIT
r. A. MCDonald's Counsel
Wishes to Withdraw
From the Case.
Some Interesting Testimony Re-
garding the Mcdonald
Finances.

An interesting point, involving a dra-
matte scene, came up in Judge Murphy's
court yesterday, relieving the monotony of
Flaw and motion" day The issue was
notice filed by Attorney E. ]. Livernash of
intention to ask leave of the court to with
draw from his position as attorney for R.
H. Mcdonald Jr. in the case now pending
against him. His motion to this effect was
opposed by r. H. Mcdonald Jr., who was
represented for this purpose by Attorney
W. H. Jordan.
R. H. Mcdonald Jr. was in court, hav-
ing been brought in by attendants and de-
posted on a bench, where he lay through
out the proceedings, tenderly cared for by
his wife, his head being swathed by band
ages.
District Attorney Barnes appeared, anx-
ious to have the Mcdonald case set, and
gradually the courtroom filled with
lawyers keenly interested in the question
OF an attorneys rights to his clients
Attorney Jordan made the opening mo-
ton that Attorney Livernash be restrained
from deserving his client. He produced a
contract signed by Liyernash agreeing, in
serve K. H. Mcdonald Jr. as attorney
until the termination of the cases against
him, without further fee.
Liyernash then took the stand, and stated
that it would be useless for him to remain
as attorney for r. II. Mcdonald Jr, as the
latter and wife refused to follow out the
lineEof defense which he desired to- offer
He said that that line of defense was in
sanity but that his client would not accede
to it nor supply MIN with the necessary
funds to pursue this line. He had asked
for $500 to follow up his line of defense
and it had been refused.
II undertook to defend Mcdonald" said
Livernash, land [ believe he could be &C
quilted if my line is followed out, but it is
useless for me TO remain in the case on any
other terms. | only ask that they put up
the money l ask if they can. l regret ex-
ceedingly that these intimate matters be-
tween counsel and client should be brought
out, and that the time of the court should
be taken up with such small matter"
81 do not regard 1t as a small matter"
reiolned Judge Murphy. There is an
important principle involved here-the
duty of an attorney to his client | hold it
very doubtful whether an attorney who
has made an agreement to defend a client,
and who has received compensation there
for has any right to withdraw. | have
always zealously guarded the rights of
attorneys, and | also think clients have
some rights. Here is contract, Mr.. Liver
nash, which appears binding upon you"
~ have served this client faithfully for a
year, went on Attorney Livernash, ''and
| submit that it is useless for me to con-
tinue. | do not wish to be involved in the
failure of his case through no fault of
mine"
II don't think you have any option in
the matter" said the court, and Livernash
stepped down to make way for Mrs. r. H.
Mcdonald Jr.
Mrs. Mcdonald, in reply to questions by
Attorney Jordan, stated that she had no
means wherewith to satisfy Livernash's
demands.
Il have few hundred dollars" she said,
Il don't know how MANY. L had $1,000
when the trial began, and Mr. Livernash
has spent $4,000 of that. | have two chill
dren to support. Yes, l object, | object to
LiYernash being discharged"
Attorney Livernash proceeded to ques-
ton the witness as to her knowledge
of the disposition of the $4,000 alleged TO
have been given to him. Mrs. Mcdonald
admitted that DR.. Jenkinson had been
paid; also A. l.. Jennings 1926, General
Wiley $50, Judge Darwin $500, besides
Others for gathering 1000 affidavits. Liver
nash himself had paid for presenting the
elaborate motion for change of venue.
Mrs. Mcdonald said she left $500 at one
time in the safe for Livernash, and DR..
Mcdonald had sent him $780, Aftefward
she remembered it was $500 for him and
5000 for Judge Darwin.
Finally the motion was submitted and
the trial of the Mcdonald case WAS set
for May Ii.