The San Francisco call., 1896-08-28
The San Jose Man Received
$4,000 and They Did Not
Get a Cent.
DELMAs REsENTs A CHARGE.
Denounces an Accusation of Malice,
Hatred and Revenge" on His
Part.

few judicial words uttered yesterday in
the Probate Court at Redwood City re-
duced the income of James II. Campbell,
the San Jose lawyer, just So, 600 year.
He had since $780, by order of court, been
receiving that amount annually as counsel
for the German heirs to the Lux estate.
The fixed sum had been agreed upon as q
substitute for an earlier scheme of pay
ment by the terms of which per cent of
what the heirs should ultimately inherit
was to be paid to their legal adviser. The
percentage plan was all very well, but fees
might be long delayed while the attorney
must stand all current expenses and live
on expectations.
The heirs came to the conclusion re-
Gently that there seemed to be more money
for their attorney than for themselves. He
had drawn $93, 900 in regular fees because
of the order of court, but so far they
had not received 93 cents from the estate.
Then they decided that the cash rate was
proving much more beneficial than they
had calculated, and they asked to have
the order by which it was created set
aside.
Mr.. Delmas appeared in court as counsel
for the heirs that wish 10 be relieved from
the expense of maintaining Attorney
Campbell. Joseph Campbell of the San
Francisco law firm of Reddy, Campbell &
Metson, was present to defend his San
Jose namesake. His first move was to
ask for a continuance Of the case until
such time as his client and Henry Lux
could be in attendance. But Mr.. Delmas
objected strenuously and for several rea-
sons. He declared that the San Jose man
had absented himself purposely, after hav-
ing made several scandalous accusations
in the complaint. The clauses so objec-
tionable to Mr.. Delmas appeared in the
two following paragraphs appended at the
end OF the document, after the manner of
the sting of the scorpion:
THAT said proceeding is inspired, in
stigated, tostered and urged on by Thomas
B. Bishop out of malice, hatred and re-
venge for certain acts done by the re-
spondent in pursuance of his duty as
attorney for the absent and minor heirs of
said Charles Lux.
THAT on August 8, 1885, said Bishop
procured the filing of the petition now
pending, that this respondent might be
still vexed, harassed and annoyed, and is
now participating in and directing this
proceeding to further his revengeful de-
signs against the interests of said estate
of Charles Lux, deceased, and of the
residuary devisees therein and against the
interests of the estate of Miranda w.
Bishop is an executor"
The sting took effect, and Mr.. Delmas
retaliated, not in kind, but with measured
words so nicely pointed and so calmly
spoken that his legal opponent moved un-
easily in his seat in sympathy for the alb
sent target.
Every stigma contained in the allega-
tion of the complaint" remarked Mr.. Del
mas sis false. The man that made those
charges should be here to defend them in
court when it comes to proving or sub
stantiating such scandalous statements" "
After several innings of yerba, thrusting
andi parrying on the part of counsel,
Judge Buck declared that inasmuch as
most of the heirs requested that the order
made by Judge Fitzpatrick ON the same
bench in 1890 be set aside, and since Mr..
Campbell himself was not unwilling to
have the order suspended, he would grant
the request. 81 think" he said, "they
are entitled to the revocation of that ord er
insofar as it provides for Inc payment of
$4,000 annually, to be paid lin monthly
payments. The question as to whether
there is anything due on that order will
be taken under consideration. The entire
proceedings will be taken under conside-
ration, and you can present authorities on
that point week from next Saturday. As
to the motion to strike out the two para
graphs in the complaint, shalt hear ar.
gument on that matter tomorrow after
noon."
James II. Campbell claimed that there
was still due to him as unpaid fees the
sum of $l0,5 800. Whether or not he will
get the money will be decided after the ar
gument week hence.