The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-08-31
Says Campbell Hastily Assured
Him of His Friend
ship.
GERMAN HEIRS "HAD A KICK"
Ridicules the Chronicle Story of the
Affidavit as False on
Its Face.

~.
there is a great legal scandal brewing for
himself and James H. Campbell of San
Jose as rival attorneys for the Lux heirs.
When seen last night he said regarding
his knowledge of the affair and his rela-
tons with the interesting case:
In the first place, no row is pending between
James H. Campbell of San Jose and myself.
In order TO understand the nature of the pro-
ceeding now pending in Redwood it will be
necessary briefly to review the history of the
Lux litigation and the connection of James H.
Campbell with it. In March, 1887, Charles
Lux died, leaving will by which half of his
property passed in equal shares TO his widow,
Miranda w. Lux, and the remaining half, in
practically equal parts, to his five brothers and
sisters or their children.
John Reynolds, then O. practieing attorney
and now Judge OF the Superior Court of Santa
Clara County, was appointed by the court at
Redwood as the attorney for absent and minor
heirs. This included his representation of
four OF the five brothers and sisters Of Charles
Lux. He continued 10 represent them from
March or April, 1887, until January o, 1888,
" hen Henry Lux of san Jose was appointed
the attorney intact for the absent heirs.
As attorney in fact Henry Lux then made
contract with James H. Campbell, whereb by
he was to act as the attorney tor and fight the
Legal battles of the German heirs. that is, the
brothers and sisters of Charles Lux. At the
termination of the litigation Mr.. Campbell
was to have received 3 per cent OF what the
German heirs recovered. From January, 1888,
until July, 1890. period OF two and a half
years, Mr.. Campbell acted without present
compensation.
The contract was modified on July IA, 1890,
under the terms of which modification the
German heirs conveyed 10 Mr.. Campbe IL 3-1O0
of their share In the estate, with the under
standing that every allowance made TO him by
the court should be deducted from and cred
tied upon the 3 per cent; Under this contract
an order was made, with the consent of the
German heirs, allowing Mr. Campbell $4,000
q year. to be paid in quarterly installments by
the executors of Charles Lux, and the order
was made retroactive, so that he should receive
this $1,000 month from the time of his first
employment.
Under this order and contract the German
heirs claim that Mr.. Campbell has received
$4,000. He admits having received SSS, 600,
the difference being moneys that he received
under the contract from the sale OF the Burr
Burr ranch.
heirs aud Jesse S. Potter as executor, Potter
refused TO make any further payments to Mr..
Campbell. Pending that litigation a special
administrator was appointed and during ten
and g half months Mr.. Campbell received
nothing. He claimed that for this period he
due $40 800 and sought to nave an order
made by the court allowing him this sum.
The German heirs claim that under his con-
tract with them he was not entitled to more
than per cent of what they would receive
under any conditions, and that the 1913 900 he
had received was equal to or in excess OF the
3 per cent to when he was en- titled. He con-
tended that the 1913, 600 plus the $4,000
which he was then seeking 10 obtain would
fall short OF the 3 per cent, and further
that the payments made under the order of
allowance were Independent of the 8 per cen
provided for in his contract with the heirs.
Being thus wide apart as to the construction
of his contract the German heirs were forced
to present the matter to the court for its de-
termination.
l had been employed by the German heirs
as counsel for them in all OF these matters
under a separate contract which was drawn by
Mr.. Campbell himself. When they came to
me directing thai l should present Mr.. Camp
bells contract and the questions arising under
it to the court had option in the matter
but before the petition was filed in response to
letter from Mr.. Campbell l wrote to him
fully in regard TO the matter on July %, 1896.
The petition was filed by the German heirs on
August 8.
alleged that the proceeding had been insti-
gated to further the interests of Thomas
B. Bishop to revenge himsefupon some acts of
Mr.. Campbell in other matters. OF this have
brought upon the written direction of Mr..
CamDbell's own clients and mine.
On August 81 when the matter came up for
hearing before Judge Buck at Redwood l
stated that / resented the imputations con-
tanned in that answer TO the effect that Mr..
Gampbelrs clients, or l as their attorney, were
inhenced by Mr.. Bishop. Mr., Campbell was
not present in court, but yester day l received
from him personal letter, written entirely by
h1mSet, dated august 70, ana coucheG IN the
most friendly terms, in which he stated that
my remarks had been reported to him and
that he felt deeply regretted that any thing con.
tanned in his answer should have given rise to
them, that there was nothing in the matter
pending before the court that should cause the
the least personal feeling, and that nothing
had been further from his intention than to
impute in any way that l had been moved In
the matter except under my outy to our mu-
tual clients.
AS to the story contained in the Chronicle
this morning that l was attempting to pre-.
vent the filing of any affidavit by Mr.. Camp
bell, can only say that its absurdity is ap-
parent upon its face. l could not prevent the
filing of an affidavit by any one. All that one
need do is to present the affidavit to the clerk
of the court and tender him the trifing fee
and it must be fled. As to the truth OF the
statement contained in that affidavit as re-
ported 1 know absolutely nothing. / had
never heard of any of the arrangements
spoken of in the afidavits until the Chronicle
was handed to me this afternoon. 1 was
never consulted in any such matter.
1 am informed tonight that James II
Campbell, who, iC was reported, made the
affidavit, denied ever having done so, or ever
having such an affidavit made or his name
connected with any such statement, and also
that it is absolutely untrue. / sincerely hope
that nv information IN this point is correct