The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-01-19
A Fee Which, While Not Cut,
Caused CONSERVATION Among
Counsel.
JUDGE COFFEE misunderstood
J. D. Sullivan Received 10000 When
He Expected $40, 900 Under the
Courts Ruling.

raised such q disturbance in the western
corridors of the City Hall that Judge
Coffey's bailiff had to come out of the
courtroom and yell for order. No one
thought that the proceedings of yesterday
would include any more than the mere
signing of the decree, but there were hopes
enough for cityful dashed TO the carpeted
floor OF the courtroom and cutting of
claims which made the claimants even
laugh at the ludicrous aspect of the whole
thing.
1t was the cutting of the claims which
caused it all, and singularly enough the
big claim of. D. Sullivan, upon which the
laugh centered, was not cut at all. Mr..
Sullivan expected to receive $40, 900 under
Judge Coffey's ruling of Friday evening,
but he was allowed only $9000 and the
Judge said he had never had any idea of
giving him more. 1t was loss of phan-
tom Sill 900.
The session of yesterday was for the
purpose of hearing the rights and argu-
ments of the claim of J. T. Greaney for
$500 against the estate of Philip A. Roach
and the Blythe estate. It had been agreed
among the attorneys and Mrs. Hinckley
that in consideration of the attorneys for
the Roach estate consenting to the settling
of the accounts of the administrators, the
claim of Greaney should be paid But
Judge Coffey would not allow it at all. and
then Carrot McEnerney, who repre- scented
the Roach estate, announced that he
would not stand by the agreement to con-
sent, and would oppose the decree of dis
tribution. The court was firm, however.
and refused TO allow the fee. Then Judge
Coffey asked for the decree settling Pub
lie Administrator Freeses account and
also the fees of his attorney, J. D. Sullivan.
Herbert Choynski passed up type-writ-
ten document and Judge Coffey took up
his pen. But a frown gathered on the
judicial countenance and he turned to the
attorneys to say severely, This decree is
all wrong"
There was a f1utter among counsel, for
no one knew just where the decree was
wrong, but the court soon enlightened
them.
This Decree" he said. ais drawn up so
as to allow Mr. Sullivan $4,000. That is
all wrong. 1 never allowed Mr.. Sullivan
any such sum"
a bombshell could not have caused a
greater furry. Mr.. Sullivan was striding
up and down the corridor outside the
courtroom, but he seemed to catch the
news at once and came into the court in a
hurry. 81 so understood your Honor"
said Choynsii, as he took the paper which
the Judge shook at him. 81 certainly I'M
derstood last night that your Honor had
allowed this fee"
81 did no such thing" replied the court.
al stated clearly and distinctly that I
would not allow the fee''
81 understood your Honor to say you
would allow il, interposed Mr.. Sullivan.
II did no such thing" said the court.
But can bring twenty-five witnesses
from the courtroom who will swear that
you did
swearing as you please, Mr.. Sullivan. I
will not argue the question"
81 can get fifty who will swear to It,"
persisted Sullivan. The court allowed
this fee last night, and 1 object to the
court changing its ruling in such man
ner."
"The court stated clearly that the fee
would not be allowed"
81 did not SO understand it." said
Choynski, but he only brought wrath
upon his head
You are not an attorney of record in
this case, Mr.. Choynski, and will please
not enter this argument. Mr.. Rix, did
you SO understand it?"
"I-I-don't know-your Honor"
commenced Rix, wishing TO be non-com-
initial.
Il know that the court did allow the fee
last night" said Sullivan.
at doesn't make any difference what
the court ruled last night. l say now that
the fee is not allowed. The record is the
only evidence in the CASE
well, let's have the record read" said
half dozen OF the attorneys, but the court
stopped them.
II will not have any more of this" the
Judge said. "Change that decree to Sic, 900.
including the $4,000 already paid"
II except to this change of ruling" said
Sullivan. II will appeal from the order"
Change that decree and l will sign it."
said the court.
81 won't change it, answered Sullivan
putting the paper in his pocket; "they can
change 1t If they want to" and then all
but Hart and Rix trooped out into the
corridor.
Then they laughed, Sullivan as loud and
long as the rest for the situation was ride
ulous. Even the newspapers had gathered
different ideas from the Judges remarks
of the night before, and their reports varied
accordingly. Then every one commenced
explaining, each at the top of his voice
and each as fast as his tongue could wag.
They talked and argued and laughed and
shouted until riot seemed to have hold of
the place, and the bailiff had to shoe the
crowd further up the ball where the noisy
attorneys coulu not disturb the proceed
ings going on in the court.
In the midst of it all McEnerney gave
notice to Captain Freese that not cent of
the $4,000 he holds in his hands should be
paid until the appeal from the decision
disallowing Greaney's claim, and Captain
Freese said he would see about it, Then
Sullivan went back into the court He
still believed that the Judge had actually
decided to allow the $4,000 fee, and he or
dered the shorthand reporter to write UP
such parts OF the testimony as related to
the ruling SO queerly misunderstood. The
stenographer wrote up the proceedings,
and he handed Sullivan the following as
his draft of the Judges ruling:
This lady has agreed to pay Mr.. Sullivan $780,
600, including what he has received. She
wants to keep her agreement. l think very
liberal com pensation would be $15 900 for the
same services. AS tn this amount against
which cited Mr.. McEnerney, not in prejudice
OF his client, who is here (Mr. Greaney) so far
as his accounts are concerned, that does not
apply here. If this lady is going to be phil
anthropist, SO far as lawyers are concerned it
is her right after the estate goes out of court
l think, myself, compensation would be liberal
al about $15 900, and that far in excess of the
estimates, and that is why make the turmoil
over these lost papers. That is far in excess of
the estimates placed upon the services of the
attorneys OF the late Mr.. McAllister by the liv-
ing Judge John CARRIER and by the living ex-
Judge Robert Y. Hayne. That was in excess of
what they stated.