The San Francisco call., 1897-06-23
MRS FLORENCE BLYTFEFHNCKLEY CONTENDG ATTORNEYS

tial relations that existed between ex-
Attorney General w. H. II. Hart and
Mrs. Hinckley by asking whether he had
used any efforts to bring about the mar
riage of the Blythe heiress and the late
Mr. Hinckley. Mr.. Hart, who was on the
witness-stand, said that he gave away the
bride at her request.
Ex-Attorney-Gen A. L. Hart, who
with ex-Judge Aylett Cotton is associated
as counsel for the defense, objected to
further probing in the private life of Mrs.
Rinckley, and Mr.. Sullivan. observing the
effect of his interrogatories, quickly
abandoned that line of interrogations.
The effort of Mr.. Sullivan was mani
testify directed to proving that w. H. H.
Hart was authorized to make a contract
on the part of Mrs. Hinckley for the pay
ment of extra compensation for his SER
vices in the Blythe estate litigation.
Mr.. Hart testified that he was never the
agent of Florence Blythe Hinckley, that
is, he did not consider himself an agent,
though he was the senior counsel in the
litigation in point of engagement.
1T was nv case" said Mr. Hart land
l secured the employ ment of McAllister
and Bergin. got them in the case. Sub
sequently l advised with Mr.. Bergin, and
We agreed, after the death of Mr.. r.McAllis-
ter, and the illness of Mr.. Bergin, that It
would be wise to obtain the assis tance of
CARRIER, Boalt & Bishop. l was in iavor of
employing General w. H. L. Barnes, but
Mr.. Bergin preferred the other lawyers
and 1 would not think of calling into the
case any one VINO was not acceptable to
Mr.. Bergin."
At this point Mr.. Sullivan wanted to
know IL Mr., Hart had not been Florence's s
attorney In all matters ever since she ar
rived in this city.
Il have not been," was Mr.. Hart's re-
ply, and the hearers were astonished.
well, tell the jury of any matter in
which you did not act as her attorney"
said Mr.. Sullivan, and Mr.. Hart began to
enumerate a number OF acts by Florence
in which advice had not been asked, all of
which turned out disastrously. He said
he lad not been asked about the leasing
of her house; that he knew nothing about
the so-caled San Anselmo contract with
Mr.. Bsrgin and Mr.. McAllister; that he
was not permitted to have information
touching the so-called per cent contract
with McAllister & Bergin, nor the two con-
tracts with Florence's step-grandmother.
Mrs. KATE Perry Byrne, nor the contract
with Henry /. Kowalsky.
Mr.. Hart intimated that If she had
avaiIed herself of the protection of his ad-
vice she would have been saved from the
disastrous results of b or inconsistent acts.
Mr.. Sullivan asked: "Did you in Janu-
ary, 1894. say to Mrs. Hinckley tnat Mr..
Bergin had refused to proceed with the
argument in the Supreme Court unless
provision was made for paying MIN addi-
tional compensation 2"
Mr.. Hart denied that he ever made any
such statement. subsequently he told of
a conversation in which he advised her TO
write to all her lawyers and ask them to
take part in the oral argument. He said
that 1t was not until February that Mr..
Bergin made any demand for extra COM
pensation, when he called the subject to
Mrs. Hinckley's attention.
II was here Mr.. Sullivan asked several
questions about Mrs. Hinckley's marriage.
and the lender memories thus recalled
caused the lady's eyes to fill with tears.
observing which Mr.. Sullivan changed
the subject.
Ex-Judge A. L. Rhodes. formerly Chief