The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-08
ATTORNEYS ARE AT War.
COUNTER AFFIDAVITS FILED IN
CARPENTER WHALD'S d.
VORCE CASE.
He SAYS He WAS DECEIVED BY THE
UNDERHAND WAYS OF A
LAWYER.

The divorce proceedings which were in
stituted in the Superior Court last January
between Charles Whald, a ship-carpenter,
employed at Benicia. and Catharine
Whald, bid fair to produce some sensa-
tional developments before long. The
parties were married in Liverpool, Eng
land, twenty-five years ago, and until re-
Gently lived apparently happily together.
The grounds upon which the wife wanted
a divorce SO late in life were i'll treatment
and failure to provide, and upon those
grounds the divorce was granted by de-
fault of the defendant. Judgment therein
has not been entered, though, and thereby
hangs the story OF the prospective devei-
OpmentS.
On the 9Th inst. Whald, through his at
torney, j. A. Spinetti, filed an affidavit in
the Superior Court in which he made
serious charges against G. w. Howe, an
attorney, who was disbarred from practice
by the Supreme Court some time ago. In
his affidavit Whald says that he had al
ways been sober and industrious and had
provided for hi. wife in every wav: bv
economy he had saved up enough to pur-
chase property at 80 Prospect avenue and
household furniture worth $500. He was in
the habit of coming home from his work at
Benicia every Saturday night and RETURN
ing Sunday evening. His surprise was
great, he said, when early in January last
he came home and instead of being greeted
by his wife was confronted with a sum-
mons in a divorce suit. After recovering
from the shock he sought the advice of
G. W. Howe, who advertised himself as an
attorney. He paid the latter $50 as re-
tanning fee. Howe told him he would
attend to the case, and that he (WhaId)
could return to his work until notified that
he was wanted. He heard nothing further
from Howe, but on the Sd inst. learned
from an outside source that his wife had
been divorced from him.
Whald FASTENED to this city, and learned
that there had been some startling phases
In his absence as regards his suit. Not
only had his wife been granted a divorce
by his default, but there was also on file a
stipulation signed by J. A. Harris, as at
torney for Whald, whereby the carnenter
relinquished all his right and interest sst in in
the real property for 1915.
The Benicia carpe inter- was very indig-
nant at being deceived, as he saws. bv his
attorney, and he hired Attorney ]. A.
Spinetti to take up his case. The latter
represented to Judge Daingerfield the facts
of the case, and the divorce Judgment was
Then followed the filing Of Whald aifi.
davit, and yesterday Howe retaliated bv
filing counter affidavit, making charges
against Lawyer Spinetti of unprofessional
and underhand conduct.
When seen yesterday Lawyer spinetti
Indignantly denied the charges. .sMr.
Whald came to me as client telling me
he had not been fairly treated by Howe.
l don't think he has been from what he
has told me. There was a deliberate At
tempt made to defraud him.
Mr.. Whald, who was present, denied
emphatically that he ever knew Harris. or
that he signed any stipulation; or that he
knew anything about the settlement of the
divorce case. He had no idea that it had
ever come up IN court SO the matter
stands at present. Both attorneys say the
end is not yet.