The San Francisco call., 1897-06-15
E. E. Kellogg So Declares
in a Suit Against His
Former Attorney.
Says He Was Waylaid By a
Runner for Ex- Judge
Levy.
The Lawyer Characterized the Suit
as a Petty Att mpt at
Blackmail.

Phillips & Temple, attorneys for
Charles A. Mau, yesterday brought suit
against ex-Judge Walter H. Levy to COM
pei an accounting of certain moneys
received on behalf of and paid to E. E.
kellogg, son. and one of the heirs of C..
w. Kellogg, deceased. The money in
question was the inheritance of E. E.
Kellogg and it came into Levy's posses
sion while acting as Keilogg's attorney.
The allegations of the complaint are to
the effect that Levy, aware that kellogg
would fall heir to portion of his fathers
estate, induced him, while under the in
duence of liquor and q few DAYS before
the fathers death, to sign a contract by
which he (LeVy) was 10 receive half of all
that Kellogg should receive from the es-
tate in consideration of services in sui is
TO be brought against the estate; that the
viii provided that Kellogg should be
cared for and provided with the neces-
saries and comforts of life SO long as he
lived; that Levy sold out the life interest
for the sum OF $47l5 and appropriated the
half, together with other sums and that
now Kellogg is penniless.
Charles A. Mau figures as plaintiff in
the suit through having taken it upon
himself as friend of Kellogg and his as
siGnee, ''in order to put II beyond the
power of Levy to caioIe or frighten him
(kellogg) into an abandonment OF his
rights" as he says.
G. w. Kellogg, the father, died about
April II, 1895. The complaint recites that
he had been married three times and that
he had been divorced from his second
wife IN order 10 marry the third, and that
q consideration for the consent of the Sec
a nCfn nf "
valued at 100000. The complaint says
L. Z. Kellogg was the son of the first
vile, and he was very dlsslpated; that he
was in a constant condition of intoxica-
ton, and was besides addicted to the use
of morphine. His father, certain of his
sons inability to take care of himself,
made no provision in his will for him
other than to charge his widow and his
daughter, 10 whom he wllled all that he
lad, to see that he was provided with the
necessaries and common comforts of life
Kellogg the son had contemplated bring
ing suit against the second divorced wife,
Rispah Kellogg, for portion Of the estate
his father had given over to her as The
consideration Tor not opposing the divorce
proceedings. de had inIended-so the
complaint alleges-employing George A.
Knight in this cause. 4 few DAYS before
the death of &. w. kellogg, the father, A.
+. Taylor, saloon acquaintance of E. +.
duced him to 90 TO the office of Walter II.
Levy and there sign the contract referred
to, under which Levy was engaged as his
attorney in the proposed suits, and the
consideration named gave him half of all
that Kellogg should receive.
Subsequently Levy had effected an
agree with the executors OF the will
by which they should be relieved of the
trouble of caring for Kellogg during his
life for cash consideration OF $47i5
Afterward he secured $4,000 from Rispah
Kellogg in consideration of a release from
all claims.
1t is charged that A. E. Taylor was en-
gagged by Levy to bring Kellogg 10 him,
and that he was promised $500 for the
service. To this Taylor makes an affi-
davlt Kellogg in an affidavit declares il
| TO be his belief that Levy. out of the $7715
he received altogether, paid him only
about $250O. He says Levy was employed
in no litigation whatever in his behalf
and incurred no expense Gin order TO get
the cash money he lost and waived the
provisions OF the said will of my said
father whereby | was to be provided for
during my life"
He further alleges that $1,000 would
be liberal rem une neration for Levy S services
and lis suit is 10 recover on tnat basis.
Following is an affidavit of A. Z. Taylor,
made part of the complaint. Taylor de-
clares, besides, that he received only $21C
of the $500 promised him.
Affidavit of A. E. Taylor-Ctty and County OF
San Francisco, State of California, ss. A. Z
Taylor, being first duly sworn, deposes and
says: l am resident of the City and county
of san francisco and live al 1920 Green street.
l am at present out of employ, but nave been
employed in the County Clerks office and else
where clerk. am acquainted with Ed.
ward L. kellogg and have known him
during a period of ABOUT two and q
| half years last past. l had conversations with
said Kellogg in or about March or April
! 1898 relative to his eXpe' tancies on the death
! of his father, Calvin W. kellogg, late oi
san Fran cisco, liquor me reliant, deceased, ,whc
was believed 10 be wealthy man. About
four or fl We days before the death of the said
Calvin w. Kellogg made an agreement with
Walter II. Levy, attorney-at-law, of san Frau.
cisco. that if l brought to said Levy the said
Edward L. kellogg a client 1 should
receive the sum OF $500 a commission fol-
| such service. That afterward, on the 10th o1
April, 1895, took said Kellogg to said Levy's
office, ana said kellogg was in a state OF in
tox Ca tion, and while in such state of intoxi
cation said Kellogg signed agreement Civ
ing said Levy half OF his, said KeIogg's, in