The San Francisco call., 1897-06-16

events. She said she had a wretched
memory during the taking of her deposi.
ton. but the day following modified that
sta:eme ent by saying that she meant that
her memory was bad on that particular
day. After recording her loss of memory
in regard to other matters Mrs HinckIey
told the jury that she did not remember
that she ever made an agree ment to paw
Mr.. Bergin anything extra for his services
after the death of his partner, the late
Hall McAllister. In fact she insisted that
the original contract with those eminent
attorneys was intended to include, and in
her opinion did include, all the services
that were TO be rendered in and about
that litigation until it was finally settled.
Attorney James T. Boyd, veter an
member of the San Francisco bar, was the
first witness called for the plaintiff.
Mr.. Boyd confessed to having been
tifty-two years in the practice of the le gal
profession, forty-six of those years in San
Francisco. He was then asked as to the
standing OF Mr.. Bergin at the bar of this
State.
Judge Hunt ruled that Mr.. Boyd might
answer the question and he said that Mr..
Bergin ranked among the leaders of the
profession.
Mr. Hart said be knew that and was
willing to admit it. He only objected on
technical grounds.
Then Mr.. Sullivan read a question that
occupied half an hour to deliver. 1t coV-
cred twelve pages of typewriit ten matter,
and contained no less than 5000 words.
This was called hypothetical question
and contained a statement of Mr.. Bergin' S
claim In its strongest possible light, set
ting forth the many times he appeared in
the Supreme Court, and the voluminous
briefs written and filed by him. Assum-
ing all these things to be true the witness
was asked how much he thought Mr. Ber-
gin ought to be paid, and he said $50. 600
would be al bout right.
Mr.. Hart wanted TO know how much an
attorney ought 10 get who had taken an
estate like the Blythe estate and had car
rled 1t through the entire trial from its
inception to successful mination, and
Mr.. Boyd thought that 90 per cent would
be fair figure for compensation.
Then if the estate was worth say 81. 700, =
600 the attorney would be entitled to
81, 350,000p asked Mr.. Hart.
"Yes, sir, replied the witness. "Tha.
would be about right"
Then, suppose he were associated
with eminent lawyers as John CARRIER,
General W. H. H. Hart, Judge Boalt,
w. w. Foote and other gentlemen of like
compensation for their services
"Oh, | supnose there would be enough
to 60 round"
Even the jurors Joined in the laughter
that followed this sally, but Mrs. Hinck-
ley was denied the privilege of particIpat-
ing in the merrimert because she had
been excused for the day and had gone
home.
Juror Hawke asked the witness
a question and received an an
swer that evidently was not salts
factory, it being almost as long and
involved as Mr.. SulIivan's hypothetical
question, for leaning over the jury box
Mr.. Hawke sa d I'm other words, Judge
BOYD, you, like a great many other law
yers, havs managed to saw a great deal
without meaning anything"
Another burst of laugh,e ,er greeted this
sally from the jury box, and Judge Hunt
hastened 10 patch up an understanding in
regard to the situation.
Mr.. Hart fnally drew from Mr.. Boyd
that in estimating the sum said TO DE ue
Mr. Bergin he had gone on the assump-
tion that he had closed his connection
with the case when he had made the
agreement of settlement in 1892, when he
was given lien for per cent of the
Blythe block. Ii the original contract
between McAlister and Bergin called fo1
the performance of all legal services until
the conclusion of all litigation in the case.
then MIR. Bergin ought to be entitled Ia
nothing more at this time. If, on the
other hand his original engagement ter.
minated In 1892 and the argument on the
new trial and these other services wers
done under the new contract, then $50 OOC
Is falr compensation.
With this statement of the situatior
both sides appeared satisfied and an q !.
Journment was taken until this morninq