The San Francisco call., 1897-06-19
HART WROTE
THE LET TIERS
Now Mr.. Bergin Is Trying
TO Hold Mrs. Hinckley
Responsible.
Says He Dealt With the Ex-
Attorney General as HIS
Clients Agent.
She Dec ares That She Paid Him in
Flu BY G'vinZ Him 8 Per Cent
Of the Estate.

Blythe estate He submitted to Judge
Hunt and a jury all the writings and
pleadingS that we're filed by him on behalf
OF the young girl claimant to the millions
of the late Thomas 81. Blythe, and who
now appears in court as Mrs. Florence B.
Hinckley, defendant in his suit for fee
OF $50 600.
Mr.. Bergin's history of the way in which
he became engaged in the great probate
contest that has occupied so much of the
time of our Californian courts for nearly
twenty years brought up recol!ections of
many OF the attorneys who were practic-
ing at the San Francisco bar at that time,
some OF whom have passed away. He
said that the first eneagement with the
firm OF McAlister & Bergin was that they
should have N per cent of all that shoul
be recovered by the claimant from the
Blythe estate. That contract was made
with the guardian of Florence. Subse-
quently another contract was made with
her guard ian by which the compensation
OF McAIlister & Bergin was advanced to
12K per cent of all that should be re-
covered.
When Florence became of age she
signed document by which she ratified
all The acts of her guardians. After that
came the coutract of January 19, 1892, by
which Mr.. Bergin claims tt at he was re-
leased from further responsibility and en-
gagement as attorney in the Blythe es-
tate litigation. In this contract he lore
goes, as he asserts, all claim to the extra
3 per cent, or any part of i, a mem Der
of the firm OF McAilisleT Il Bergin, and
he contends that this REIMBURSEMENT OF
his claim in this regard was sufficient con-
sideration for the signing OF the contract
by Mrs. Hinckley, then Florence Blythe.
After setting out the terms OF the orig
inal engage of the firm OF McAllister
& Bergin and the fact that they pad ad-
vanced to her the sum of $l7, 1877 "a on
which interesr mad accrued until the
to a. was S24, SIS 81 at the signing Of the
1892 con ,ract, the agreement proceeded as
-oAows:
WHEREAS, Subsequently to the making of the
aforesaid agreements the health of said Thomas
/ Bergin became and was impaired, and
at the time OF the death of Hall McAllis ter, his
partner, I'D ther alter was so I'M paired that
he (said Thomas l. Berg!n) could not as sur
y1vlng partner or otherwise, rend T his per-
soual services ana about the prosecution OF
the claim and tile OF said Florence Blythe to
the estate OF said thomas II. BY the, deceased,
as provided in aud by the aforesaid agree
ments, but has, from time TO time rendered
such services as, in his judgment, his health
would permit n snd about the prosecution OF
the claim and title OF said Florence Blythe, as
AFORESAID, IN consequence OF which said Flor
snCe Blythe has had to secure the
services of other counsel in and about
the prosecution OF her clam and
tile to tie estate OF SAID Thomas ii. Blythe
and whereas, said Florence Blythe and aid
Thomas l. Bergin, as surviving partner OF the
said firm of McAllister & Bergin, have FULLY
examined and considered their respective
rights and equities growing out OF
the aforesaid agreements, the services rem
dered hereunder and the advances made as
hereinbefore stated; and whereas, il is
mutually understood and agreed by and be-
tween said Florence BLY, the, said Louise Nc
Allister, executrIX OF the last VIII OF said n All
McAllister, deceased, as aforesaid, and said
Thomas l. Bergin, to al just their atore said
respective righs and equities and have a
several agreement in respect theretoi that IS
TO say, an agreement between said Florence
Blythe and said Louise McAllister, executrIX,
as aforesaid, expressive OF the rights of said
Louise McAIIister, as executrlX, as aforesaid,
in and abou the premises; ana ano ther several
and separate agreement between said Florence
blythe and said Thomas l. Ber-
gin expressive of his rights in
and about the premises, which agreements, as
hereinafter made, shall cons titute and be
taken as eXpressi siye of the respective rights
OF the said parties, and a saIislac ton and Ii
discharge Of the agreemen herelnaboYe mrs
mentioned, and touching the advances made
as herein before stated, es well as discharge
and satisfaction by said Louise McAllisleT,
executrix as aforesaid of said Thomas /. Ber-
gin, OF and from any and all further, or other
liability, as surviving partner, or otherwise,
in or about any OF the matters or things here
inbefore referred to; in consideration of all OF
which said Florence Blythe has, and she does
hereby promise and agree to and with said
Thomas l. Bergin: First, 10 pay unto said
of all OF the estate OF said Thomas
II. Blythe. deceased, that she may
realize or secure by suit compromise or other
wise, which shall be a lien and charge upon
the property so secured, payable In proper Il on
to and according as title OF said estate shall be
secured by said Florence Bly, the, as Aforesaid,
within one year after the same hall have bee 7
so received or secured; second, to pay unto said
Thomas l. Bergin withia one year alter final
determination OF the right and title OF said
Florence Blythe to the estate OF SAID Ihoma'
II. Blythe, deceased, in the legal proceedings
now pending for determination OF the same In
the Superior Court of the City ana county o.
San Francisco, State of California, the sum o.
$9950 IL, with legal interest thereon from the
date hereof until payment OF the same.
This was signed by Florence Blythe
Thomas /. Bergin and Mrs. Louise Nc
Allister.
1t was subsequent to the execution of
this document that Mr.. Bergin rendered
services for which be claims $5O,OOO de
thinks that when he relinquished his
right to his share of the extra per cent
he was free from engagement. To prove
his re-engagement he showed to the court
that he was associated with the conduct
of the case from the fling of the findings
all through the argument OF the different
phases of the complicated litigation. He
was engaged by General Hart, he sald,
who acted as the representative OF Flo
renee. He never dealt with Florence, but
always with General Hart as her repre-
sentative.
do you remem ber the manner in which
the findings were prepared ?" asked Attor-
ney w. II. H. Hart.
Mr.. Bergin nodded assent, and said that
Mr.. Hart had first filed proposed findings,
but was not entirely satisfied with his
work and requested the witness to suggest
certain amendments. which he did. my
amendments were adopted by the court
and were incorporated in the findings as
they went to the Supreme Court" said
Mr.. Bergin.
''That's correct" responded Mr.. Hart,
cheerlly. He remarked that he desired to
have all that Mr.. Bergin did IN the pre-
misses shown by the record, intimatinR
that he had not at any time denied the
value of Mr.. Bergin's services, but that on
behalf of the defendant he contended that
he had been amply ompensated, or, at
least. that his com mpensation was provided
for by the contract OF 1892
Among the letters Oh which Mr.. Bergin
relies is the following:
SAN FRANCISCO, Feb. 27, 1894.
Thomas l. Bergtn, Esq, Nevada Block, City
DEAR SIR: Since seeing you to-day received
a dispa tch which compels me 70 leave tonight
for Washington, D. c. l shall be away bout