The San Francisco call., 1897-06-18
FLORENCE AS A
SHREWD WRITER
Able as a Lawyer in Avoid
ance Of Any Direct
Statements.
Her Correspondence With Mr.
Bergin Shows She Is Worthy
of Her Father.
Some Disclosures Concerning Somt
Proposed Com prom ses With HIS
tile Claimants Long Ago.

Florence Blythe Hlnckley and Thorn as
]. Bergin, her former adviser in legal mat
ters, had another session of argument and
testimony in Judge Hunts court yester-
day.
Mr.. Bergin thinks he has not received
enough for his services and demands an
extra $50, coo. To this Mrs. Hinckley re-
spends that she has already agreed to
give him 8 per cent of all the Blythe
estate secured to her by the decree OF
court that makes her the heir 10 the estate
of Thomas H. Blythe. deceased.
On his part Mr.. Bergin replies that he
has not yei been able to secure formal
acknowledgment of his claim for the per
cent mentioned by Mrs. HinckIey. Her
reioinder is that her delay in effecting a
settlement of that point grew out of the
fact that Mr.. Bergin had demanded OF
her this amount of $50. 900. which she
thought was in addition to the sum that
she thought she ought to pay.
OF course all these allegations and in
ferences are not set out in the formal
pleading filed in Judge Hunts court, but
they are facts that may be gathered in
the course of the interesting disputations
OF the lawyers.
Ex-Judge J. F. Sullivan, representing
,
only had his client been nable to O btaln
his fee but that he was still waiting for
the repayment of any part of $17, 600 that
he had laid out for the support of Mrs
AinckIey during the years that she was
waiting for the recognition and confirma-
ton OF her claim to heirship by the Su-
preme Court of this State.
There was no lack of spiciness in th e
exchange of compliments between the
attorneys. Ex-Attorney-Gene A. L.
Hart, who Is assisting ex-Attorney-Gen-
eTal W. H h. Hart, managed to keep on
fairly good terms with Judge Sullivan,
but 1t was different with the other ex-
Attorney For instance, Mr..
Bergin was asked about.a letter that Mrs.
Hlnckley wrote to him and an effort was
made TO have it introduced in evidence.
Il was read as follows:
SANTA MONICA, April II, 1894.
Mr.. T. l. BergiR-DEAR SIR: l have had sew
eral conversations with General Hart in refer
ence to the contract sent by you through him
TO ME for signature, and have carefully con-
sidered the same In the copy sent me no
amount was specified: since then General
Hart informs me that you thought fifty thou
sands dollars is what you ought to have in
serted in the blank, and I therefore consider
that that sum you desire is in addition to the
contract you already have. The General in
forms me that the contracts have outstand-
ing are in the neighborhood of AZ per cent OF
the entire estate. l supposed those contracts
would cover all the expenses l would be 10 in
clearing up the entire litigation and would
meet all expenses 10 be incurred. General
the supplemental contract between Won
the McAIlisters and myself does NOT
provide for any service to be rendered by YOU
after il was signed; that may be So have
not seen it since II signed and cannot
reach a copy of it till my return. certainly
appreciate all you have done and am deligh ted
that you have taken the part you have since
the decision in Judge Coffey's court and vour
acts in that behalf were also Appreciated nv
Messrs. CARRIER, Boalt d Bishop, Mr. Foote and
General Hart. Ihey all considered it desiTa-
bic for you to act in the case, make an argu-
ment and prepare the briefs you have It.
however, seems TO me that If they deemed
your services essential they ought to
stand their share or percentage of the adoi-
tional fee to you; the AZ per cent of the estate
10 be received by others ought to bear its pro-
poruon OF your Tee. Why should l be com
PEELED to pay the $4,000 out of my prop0r-
ton when the AZ per cent gets the benefit of
your services as We'll? 1t may be that
II will be considered a small matter for me
TO object 10, but you can readily see that it
makes a difference of $2l 900 to me: and I
think those gentlemen ought TO stand that
themselves, for III the event OF the case being
lost they get nothing; hence they are in tht,
same position /, and so, too are Won and
mrs. Nc Alhster as to your percentage MI
Hart tells me that you desire the contract
signed or returned AS to that l nave hen
here for short time and left all nv papers.
lncludlng the proposed contract, in safe in
town, and cannot get them until my return
would also like to talk with Messrs CARRIER
Boalt d Bishop, General Hart and Mr. Foots
ana see if they Will contribute their share
Pray pardon my delay in writing Won on
this subject l have been much annoved
lately with different things nd am not fee,
ing well. shall return TO town soon, and wlll
then confer with you upon tn matter Very
sincerely yours, F. B. HINCKIFy
Judge Hunt thought the plaintiff had a
right to have as much OF this epistle CON
sidered in evidence by the Jury as related
to the issues on trial. Mr.. Sullivan ellie
tied from Mr.. Bergin. who was on the
witness stand, that Mrs. Hincktey called
on him at his office in accordance with
her suggestion in the letter from Santa
Monica.
why didn't you get your contract
signed thenY demanded ex-Attornevs
General W. II. 81. Hart
Mr sullivan-when it comes to the argp-
ment l VIII give my views as to why things
have turned out as they now appear
w. H. H. Hart-Facts first Get your fsc,s
first. How about that contract that has been
men toned? Why wasn't it signed thep9
Mr.. Sullivan (warmiug up to his yorL,
Well, if you want TO know my opinion Vii
say that it was probably because you advised
her not TO sign il. You knew that she had go
the benefit OF Mr.. Bergin's services, and il Vas
then proposed to cneat him out of mis- dnes 90
w. h. II. Hart-On the contrary, the proposi
ton that he had been paid in fuIi nv III
per cent 10 which he was entitled under biS
original engagement and confirmed by the
contract of 1892.
+
ferently.
Considerable interest was shown by the
jury in the reading of Mrs Hinckley's
letter, for as business-like exposition of
her relations with her lawyers it would be
hard 10 beat. There seems 10 be no doubt
that she composed the letter away off down
in Santa Monica, where she had no on
portunlty to avail herself OF the assistance
of her legal advisers, and if it is a fair
specimen of her business letters. there 20 n
be no doubt that the financial aoility of
ole Thomas II. Blythe has been inherited
by his daughter along with his real estate
Another letter on which Mr.. Bergin
placed considerable dependence was the
following:
>. Ny Dear Mr. Bergtr: l have seen General
Hart tonight and had talk with him about
my cases coming up in the Supreme Court on
Friday next I shall OF course expect you to
take part, and shall feel disappointed if Won
do not. / expect all my counsel to do every.
thing possible 10 advance my cause, and 1
wish you particularly 10 do whatever you
deem proper in reference TO il. Cordially
yours, FLORENCE B. HINCKLEY
Palace, January 8, 1894.
Counsel for the defendant thought this
showed nothing more than that Mrs.
Hinckley expected Mr.. Bergin 10 proceed
with his contract
The following letter from Mr.. Bergin
throws some unexpected light on some
of the inner workings OF the Blythe litiga-
tion. 1t was presented to the court but
was not ad united in evidence. Mr. Bergln
wrote:
In Fe bruary lastI forwarded you, through w.