The San Francisco call., 1897-08-20
Does Not Think Ex-Judge
Levy Treated Him
Fairly.
Says That He Cannot Remem-
Der How He Signed a
Big Contract.
Had Taken Seven Drinks of Whisky
and Was Somewhat In
toxicated.


of the case of Charles A. Mau VS.. Levy
yesterday morning, in which Edward E..
kellogg, son of the late Calvin W. Kel-
logg, is the real party in interest, seeking
TO recover $3000 The claim was assigned
to Mau for collection. The complaint is
that e1-Judge Walter H. Levy took undue
advantage of Kellogg in securing con-
tract calling for half OF all that might be
recovered by the young man from the
estate of his late father, c. w. Kellogg,
whose property was worth about $500 600
and who left his son only 81 % day for
necessary expenses"
Judge Levy, acting as his own attorney,
yesterday took occasion to object to the
application OF the doctrine laid down by
the California Supreme Court IN the lead
ing case of Cox VS.. Delmas which IS per-
sistently quoted by Attorney Warner
Temple, who is associated with L. E.
Phillips for the plaintiff.
Young Kellogg was the most important
witness of the day. He substantially cor
roborated the testimony given on Wednes-
day by A. E. Taylor, who is mentioned in
the pleadings as "a runner for Judge
Levy" Kellogg said he went with Taylor
to Judge Levy office and that the contract
was arran ed at that place. He remem-
bered taking some drinks of whisky with
Taylor and S. NJ. Meugass, for which
Meugass paid. Meugass also paid the car
fare. He thought he took seven drinks OF
whisky before be signed the contract, but
didn't know how drunk ne was at the
time. Describing the important visit to
Judge Levy's office: Kellogg said:
After getting on the car we went to
Mr. Lewis OffiCp Nevada block
Mr. Meugass took the contract out of his
rocket and asked me to sign 1t. l de-
cIined to do so a. first. l said l wanted to
see my friend, Mr. Donnallen, so l could
consult with him. so l asked Taylor to go
and get Donnallen. He said he would do
50 and started out to get my friend.
While ne was out l went to Collins sa-
loon and took drink. When Taylor re-
turned he said he couldn't find Don
nallen."
In one essential particular Kellogg dis
puted the testimony of his friend, Taylor.
He said he thought he signed the docu-
1nent first, and he remem oered the per
sons who were present. 1t was true that
Judge Levy was not there. 81 don't ex-
actly remember who signed first" added
Kellogg, because l was so drunk at the
time"
Being asked to give his account of the
transaction, Kellogg said:
Mr.. Meugass took the paper out of his
pocket and 1 was asked to sign it.
wanted to look it over and Taylor said to
hurry up, as be had an engagement. l
asked him if he couldn't wait till had a
chance to read il. We had some more talk
and ! signed it..
when did Judge Levy give you a copy
of the contractY asked Mr.. Temple.
About TWO years alter" was KeIlogg's
reply
Ibid you read the copy that he gave
yes"
"What did you do about tP Were you
satisfied ?"
"No. After I had read it l went to
Judge Levy and asked him 10 give re-
Iinquishment. He finally did so, and he
signed his name on the back of my copy
OF the contract.
Mr.. Temple (turning to Judge Levy
Where is that paper?
Judge Levy (warm Iy)-You know where
it is well enough. 1t was prepared in your
office and sent to me and L signed 1t. 1t is
in vour possession now.
Mr.. Temple responded that Judge Levy
was mistaken so far as he was concerned
as he had NJ knowledge of the document.
At this point Mr.. Phillips came to the
rescue of all parties and produced the pa
per. Handing the copy of the contract to
the witness Mr.. Temple asked what he did
with it, and he said he took it to Judge
Levy and told him everybody was saying
he was fool for making such contract.
~ told Judge Levy | wanted a release
since l thought he had done nothing for
the half of my money from the estate"
On motion OF the defense the remarks
OF outsiders that he had made a fool of
himself" were stricken out and the wit
ness continued: "I went 10 see him many
times before / got him to sign the release.
The people at the office would shut the
door in my face and say | couldn't gee
Judge Levy; that he wasn't there, when l
knew well enough that he was there. But
he finally gave me the REIMBURSEMENT"
Kellogg was very deliberate in giving
his testimony and insisted on taking notes
for his own use. He was asked to ex-
anime the statement of account which
Judge Levy presented at the time of their
settlement and gave it as his opinion that
it was correct. So far as he could remem-
ber be received the money charged against
him. He thought he had been fairly
dealt with in that regard. At one time
he received $942 so and signed a paper
which confirmed and fully ratified the
original contract which he had made
with Judge Levy. This was shown to
him and he acknowledged his signature,
but insisted that he did not understand
the paper, though he said he read it be-
fore signing IL.
Further hearing of the case was post
poned until pext Monday morning at 10
o'clock.