The San Francisco call., 1897-06-17

IN the young lady's smile as she recalled
the events OF that minor social function.
1t came out that several attorneys en-
ployed in the Blythe estate contest were
present, and that they at the time secured
the signature of the claimant of the estate
whereby she confirmed the acts of her
guardians in making contracts with law
yers for the carrying on of the litigation.
Attorney A. l.. Hart. representing Mrs.
Hinckley, objected to the introduction OF
letters from Mrs. Hinckley to prove the
existence of a contract to go ahead with
the litigation. He said that az the pain
tiff had chosen to rest his demand on the
claim that he should be paid a fair price
for his services, what the lawyers call set
tling on the basis of quantum meruit. he
would ask that the agreement be pro-
duced.
This seemed to require that the plaintiff
amend his pleadings, and under leave of
court the amendment was made. 1t sets
up the existence Of the contract and the
facts OF the service being rendered by Mr.
Bergin; further, that though Mrs. Hnck-
ley had agreed TO pay the clam, she now
refuses TO do so, though he had requested
her to keep her promise in that regard.
At one stage of the proceedings Mr..
Bergin blurted out that he expected TO
engagement that she had made with him.
That was said before he was called to the
witness stand and so it did not count With
the jury as testimony.
The San Anselmo contract was read to
the jury and in regard 10 it Mr.. Hart con-
tended that 1t was only confirmation of
the original contract by which McAllister
& Bergin were to receive ~ per cent for
their services in the case; that the only
change in the terms of the document was
that the shares of the two partners had
been separated; that Mr.. Bergin's contract
read that he was to have per cent and
that the other AZ per cent was to 60 to
Mrs. McAlllster. widow of the late Hall
McAllister, who was Mr.. Bergin's partner
when the litigation started.
Mr.. Bergin places a different construc-
lion on the act of Mrs. Hincklev at the
time OF the San Anselmo party. He holds
that the contract signed by her then was
for his compensation up 10 that time; that
Mr.. McAlister' represen iatives were paid
on that basis, and that he was treated the
same.
When an attempt was made to show
that q contract had been made by which
Florence had a=reed to increase the COM
peusation OF Mr.. Bergin objection was in
terposed by Attorney A. l.. Hart. He said
the law would not permit this; that the
relation OF an attorney TO lis client was
one OF the highest trust, and that the at
torney could not take advantage of his
position ae legal adviser TO advance his
own interests in regard to the matter un-
der litigation.
After the jury had been dismissed in
the evening Judge Hunt said that if the
plaintiff commended that his original en-
plovment was terminated by the signing
of the San Anselmo contract then Mr..
Bergin must prove his re-engagement,
the Iayment of a retainer and the making
and carrying out of another contract as
contemplated by the law.
EI-Judge J. +. Sullivan, counsel for Mr.
BerSin, took until this morning to file
authorities and TO decide what further
steps he will take in the matter.