The San Francisco call., 1897-06-18

H. H. Hart, the form of an agreement to pay
Tor the services rendered in the Blythe estate
therein enumerated, leaving blank for in
seruon OF the amount to be paid. ] informed
Mr.. Hart that the amount was $4,000. From
your favor OF April II last l learned that he so
informed YOU and you correctly unuerstano
the amount received your favor OF April
IL last from Santa Monica. Since your return
TO the City from Santa Monica, agreeably TO
| request, have had the pleasure OF an inter-
view with you upon the subject OF your note
Since then l have not received the contract
signed nor have heard from you In respect
to it.
The occasion of my addressing you at pres
enI is, that 1 am informed by Mr.. Hart the
terms of eompromi se with Alice Edith have
I been agreed on, whereby $4,000 is TO be
paid TO Wheeler, $36 poo TO Hlgbton. 5000
10 Alice Edith, with an allowance during her
life of $I75 per mon h. Mr.. Highton gets
$4,000 down and the balance in ninety days
after dismissal. Before argument OF the ca es
or motion for new trial, wqs informed that
$75, 900 had been offered 10 the gypsy BlytheS
IN settlement of their claim, the sum of eX-
ceeding hundreds of thousands of dollars TO
the Blythe company ana other diff
amounts to other claimants. The motions for
a new trial have been disposed Of. The
appeals in all the different cases have been
dlsposed of with the exception of that last ap-
peal from the order denying her motion for
new trial There is no more merit in her ap-
peal Than in any OF those already dis posed of.
The services rendered have made II unneces-
Sary 10 submit TO these various terms OF COM
promise. OF the services rendered in securing
this suit, l may say without vanity that
mine was not the least meritorious: but for
them there would be little TO compromise
over. 1t is, tn eretoTe, with some chagrin that
learned of this facility aDd readiness OF COM
promising unfounded claims while there is
much reluctance and delay in executing and
giving me an agreement for 8 fair compensa-
tlon for the services l have rendered. ! there
fore beg you to let me have the agreement as
executed as requested by saturday next
In making objections to the introduc-
tton of certain evidence offered by the
plaintiff Attorney A. L. Hart said it was
proposed to show on behalf of the defend
ant that the firm of McAllister & Bergin
did very little service in the Blythe case
during the trial IN Judge Coffey's court;
that Mr.. McAIlister died soon after
Florence cams to this CITY and that Mr.
Bergin was sick and not able to attend TO
business; for the establishment of these
facts he would not call witnesses, but
would refer to the terms of the contract OF
1892. 1t was in the Supreme Court where
the case was argued on appeal that Mr.
Bergin did what IS admitted to be good
work Tor the Blythe estate claimant.
Mr.. Bergin is an entertaining witness.
He is all the time telling something that
The public likes TO hear. One of his gems,
dropped during yesterdays proceedings,
was in relation to section 1864 of the Code
of Civil Procedure. This section provides
that claimant 10 an estate may institute
an action TO compel all the rest of the
world 10 come into court and make a
showing OF their claims If they have any.
When asked if he remem bered when the
law was passed Mr.. Bergin said Yes,
remem ber that law. drew that bill. 1t
was prepared on my ad vice. After l drew
it you took it to Sacramento and it was
passe ! by the Legislature"
Mr.. Bergih was on the witness-stand ali
day, and 1t is expected that it will take
another day for him to tell all ne did to
assist the little girl who came from Lon
don in 1888 to become the sole heiress to
the estate OF the late Thomas H. Blythe.