The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-10-20
HAS BEEN TO EMPLOY
LAWYERS.
BEGAN A SUIT BACK IN 'e5.
1T HAS BEEN DRAGGING ALONG
UNTIL TT ROBBED UP AGAIN
YESTERDAY.
is HUMOROUS IN IT'S DETAILS,
fortunes and Decline of r.
st. Julian Cox,

When lawyers become litigants, other
people have show. That is to say
they have an entertainment. A case
of this kind came before Judge Brill
yesterday, when dozen or more law
yers appeared in the court room to
find out what there was left of some
$4,000 collected by a lawyer more than
six years ago. The case is interesting,
not only because of it's history in the
district court, but because the de-
PENDANT is E. ST. Julian Cox, formerly
a judge of that court and a lawyer
known throughout the state for his
ability. The plaintiff is Joseph
Smythe, who is the only laynan in the
case
The trouble, which grew out of a
very simple transaction, has arisen
Lloyfng lawyers. Mr.. Smytne seems
to have been impressed with the idea
that they needed employment He
began his philanthropic mission in
1885 when he sued business partner
and got judgment against him for
$500. A lawyer named Davis tried
the case. But he left town before the
Judgment could be collected, having
previously employed the law firm of
Stevens & BerryhilI to assist him in
the collection. But Mr.. Snythe was
If a hurry, so he engaged E. ST. Ju-
Ian Cox to collect the Judgment Mr..
Cox went to John D. O'Brien, the at
torney for the defendant and arranged
u settlement for 81 $50. But there was
hitch, and then followed a long liti-
cation before Judge Simon, instituted
by Mr.. Cox and his partner, who sought
to be declared attorneys of record in
place of Stevens and Berryhill. Cox
claimed that by a verbal agreement
with Smythe he was to get one-half
collecting it. Thereupon Stevens &
EerryhiH interviewed and put in claims
for professional services.
Still putting his faith in lawyers
Mr.. Smythe called ON John Ives one
day, and then John cut in. The case
dra sged along like Jarndyce vs.
Jarndyee, until finally, Mr. Cox col
lected that judgment amounting to
$3.50 as per agreement. Then he pro-
ceeded with true brotherly spirit to
pay the lawyers for their hard work
MFR. Stevens got $500, Mr. Ives, s340
Mr.. Cox's partner, Mr. Adams, $685.
and Mr.. Berryhill, Stevens partner
$1So A brief cost $40 and even an i'm
pecunious clerk came in for a twenty
dollar note. Total 1,075. But not a
penny for Mr.. Snythe. And this all
happened before 1885,
Mr.. Smythe concluded it was time to
infuse d little fresh legal talent into
the case, so he employed Louis Hast
ingS to get an order to show cause why
Mr.. Cox shouldn't pay over the money
he had collected. This was under the
statute authorizing such a special pro-
ceeding. Mr.. Cox then took turn at
engaging lawyers. He gave his case
to Judge McCafferty, and after some
more legal skirmishing, it was referred
to c. A. Severance. as referee to- take
testimony and render a decision Mr..
Severance accommodated the lawyers
ON both sides. In the course of six
years, however. all the testimony was
taken and to the best Of Judge McCaf-
ferty,s recollection. he rendered a de-
cision for the defendant. But there is
no record of any decision.
In the meantime, Mr.. Cox met with
misfortune, in one way or another
followed by physical and mental de-
cline, and his ultimate removal to Cali
fornfa where he now lives
The next appearance of the case in
the district court was noted last June
when 1T bobbed UP before Judge Willis
But the records and vouchers and
agreements were all missing. Louis
Hastings like Mr.. Davis, the lawyer
whom Mr.. Snythe first employed. had
shaken the dust of st. Paul from his
feet, and another lawyer. Mr.. Hayes,
had charge of Mr. Smythe's interests
But the papers were gone. Nothing
was left but transcript Of the testi-
nony before the referee Judge Willis
granted a motion to set aside the or
der, referring the case to a referee and
the case went over the term until this
fall. This move restored IT to the same
state of advancement it enjoyed in
1899.
It's next and latest appearance oc-
s,-1ex he
By this time, it had accumulated a few
lawyers in it's wake. The only missing
attorney was the defendant. E. ST.
Julian Cox. The only Iayman was the
plaintiff. Joseph Smythe, and he was
there. The motion argued before the
court was for an order directing the
defendant to show cause why he should
not pay over the money collected by
him or be punished for contempt of
court.
Judge Brill took the case under ad-
visement.