The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-10-09

tiff in a suit against Joseph William
Taylor to recover 800 for professional
services rendered in the capacity OF
an attorney.
1t was stated in the complaint that
Colonel Norris had furnished the de-
PENDANT with a written opinion which
was reasonably worsh 800, and that
defendant had paid him therefor only
SO, leaving "a balance of $97 due.
The defendant denied that he had
ever employed the colonel.
Attorney p. ]. Ealy appeared for the
plaintiff and Attorneys A. V. Iayor
and D. Higgins for the defendant.
The Opinion.
The case was heard before a jury.
The written opinion was put in ev!-
dence. 1t consisted OF three small
pages of typewritten matter ard dealt
with the rights of party discovering
coal in a city lot to follow the vein
underneath and through Jae adjacent
lots not owned by him. The colonel
stated that after consultation with his
learned colleague, Judge Hardness, he
was compelled to answer that the
owner OF the city lot in fee has no le-
gal right or authority whatever to fol-
low the vein of coal or odher mineral
beyond the vertical lines of his own
lot. Numerous authorities are cited
and the opinion goes off into matters
relative to the law of townsites, ag-
ricultuIdl patents and other matters
more or less relevant.
The jurors demanded their fees in
advance and as it was Mr. Taylor who
demanded d jury ne put up the
amount with the court. The jury were
George d. Shell, William Mcqueen, w.
NJ. White, August Stein, W. T. Barbee
and &. e. Smith.
The Colonel Testified,
Colonel Norris took the stand and
said that he was admitted to practice
law in Philadelphia in 1881. From there
he went to Washington, d. C. where
he also practiced law. He came to
Salt Lake about two months ago and
engaged rooms in the Taylor block.
On the morning OF September 16, Mr..
Taylor called him in to his private Of
flee and eXcitedly told him he had dis
covered a coal mine in the cellar of
one of his houses and wanted to know
if he could follow the vein under ad-
jacent property belonging to his neigh
bors.
The colonel said he told him the
question was new, but that he would
look it up and deliver his opinion in
writing. Payment was refused and
plaintiff started suit
In crOss-examination by Mr.. Higgins
witness said he had beeN here about
three months.
Are you practicing law now?"
Not regularly. l am engaged in
mining pursuits
Have you ever practiced law since
your admission"
Yes, both in Philadelphia ard Wash
ington."
Are you an expert mining at
torney?"
Il am not, I am a Philadelphia
lawyer" Qaughter).
Have you before given an opinion
in mining matters?"
Did Mr.. Taylor call you into his
office?'
Yes"
What did you say when he asked
you for an opinion?".
Il told MIN l could not answer Off
hand. We always give written
opinions in the east"
Did Taylor tell you he had
brother who was an attorney and that
he could get all the legal advice from
him he needed?''
mo, [ can't remember everything.
am quite a busy man"
Didn't you tell Mr. Taylor that the
opinion would not cost MIN a cent?"
4 did not, l don't work for moth
ing"
Did he tell you you needn't look this
matter UP for him?'
mo, he did not"
Your bin presented to Taylor was
for $50 and you now claim S1OO How
do you account for the difference ,"
AS he didn't pay the bill when pre-
J Of 7 I
the higher amount"
He returned the opinion?'
Yes, l found il in my room"
Was Worth 500.
Attorney E. B. Jones, Charles Bald
win and George Westerf1eld were ex-
! ami'ned as u eie -'-l ir
and concurred in the opinion that $50
/ would be a reasonable fee.
/ THIS clo-rd the plaintiffs ce1e ard
Mr. Taylor took the stand on his own
/ behalf.
Mr.. TayIor's Version.
/ He said that on the morning of Sep
! TENDER 16 Colonel Norris o711e to mis-
| Office and in a general converse ton
/ he said 20 the colonel, Suppose I had
a coal mine On a lot in This civ c-.1'1
! | follow the velta under my ulaighbors'
/ lots?" Norris said he could not an
he question, but that he would
/ consult Bennett, Marshall & Bradley
/ about it. He was very much excited
ard said he could get millions of dol
/ lars To develop a coal mine.
Witness said he told him he didn't
want an opinion and that he had no
coal mine. Also that he had a brother
who was q lawyer and that he could get
an the legal advice ne wanted from
him. The next thing witness knew
about it was, when later in the day, he
found the opinion and the bill in his
office. Norris came in soon after and
he told him he didn't want the opinion.
Norris, however, left it and caid he
wasn't cheap man. Witness then put
the opinion in Norris room.
AS to the So credited upon the bill
| Mr.. Taylor said that he had dent that
sum to Norris, who told him he had
been gambling and had lost all the
loose change he had in his poci1st
Dope Him For Sixty PlunIss."
Miss Hattie Poland said she and her
/ friend, Miss May Shelton went 10 the
! lake with Colonel Norris and ne had
also taken them TO the theatre. He
was getting up fer Mr. Taylor He
! said Taylor was a farmer and didn't
know much. and that he would dope
! him for sixty plunks"
] Here the colonel replied that this was
a New York expression and meant that
/ he would charge him $50.
! Miss May Shelton testified that Nor
/ riS told her he was a Philadelphia