The San Francisco call., 1897-07-23
THEY ADMIRE
FLIN4'S NOTES
Los Angeles Attorney Held
Up as a Model Letter.
Writer.
Plain Notice Given to Messrs.
Pierce and Talbot and
Mrs. Pope.
They Ought to Have Interposed in
the Semi-Tropio Company
Litigation.

Judge Trout Yesterday again took up
consideration OF the Semi-Tropic Land
and Water Company litigation, wherein
Henry Pierce, Emily F. Pope and W. II.
Talbot appear as plaintiffs, and Samuel
Merrill, George II. Bonebrake and +. G.
Howes are the defendants.
Samuel NJ. Shortridge, attorney for the
defendants, Bonebrake and Howes, called
Attorney Frank P. Flint of Los Angeles
to the witness-stand for the purpose OF
proving that the defendants here had
often insisted on affirmative action being
taken by Mr.. Pierce and his associates Tor
the purpose of protecting their rights
under mortgages held against the prop
erty of the Semi Tropic Company as OPP
posed to the claims of the San Francisco
Savings Union and others. Mr.. Flint tes-
titled that though the attention of Mr..
Pierce and his associates was called to the
matter they failed to answer when named
as defendants by the Savings Union. By
their gross laches they lost their rights in
this regard, the amount involved being
a bout $40, 900.
| At last, alter losing their rights of re-
covery as against the property of the
| Semi-Tropic Company, by the lapse OF
| time and by their own neglect, Mr.. Pierce
and his associates sued the defendants in
| this action to enforce guaranty that had
been signed by the defendants.
| Messrs. Merrill, Bonebrake and Howes
| declined to pay on the ground that the
Pierces had only themselves 10 blame for
letting their security slip through their
| fingers, and so pleaded the statute OF linn
! ltatlonS.
| Many letters bearing on this subject
| were read in evidence by Mr.. Shortridge,
all thoroughly corroboratlng Mr.. FI:nt's
statements. The reading of other letters
called forth good -natured ompliments
from all concerned. Attorney e. s..
| Pillsbury to whom the letters were orig
inaiIy addressed, admitted that he had
not hitherto appreciated the full force OF
/ the spondence.
Mr. Flint laughingly confessed that he
| had not realized what good letter writer
| he was until he heard his misslves read
| by Mr.. Shortr idge. n OF wishing to be out
done Ill politen S. and at the same time
wishing to clinch the important fact that
the Pierces had been formally requested
| to take action for the protection of all
parties interested, Mr.. Shortridge selected
the following paragraph from Mr.. Flint S
letter of June 5, 1895:
We do not desire to make any charges of un-
fairness against the San Francisco Savings
Union OF the TeCelNtT, DuL dL the same llIne
would suggest that it is possible that ex-
! a mination OF their apparently concerted acys
would not be injurious TO the interests of the
second mortgage.
81 regard that fine specimen of courte.
Gus and, at the same time, forcefuI letter
writing" saio Mr., Shortridge.
The greater part of the afternoon was
devoted to the cross-examination of Mr..
Flint by Mr.. Pillsbury. The effort of Mr..
Pillsbury seemed to be directed to secur-
ing admissions in regard to what Mr..
Flint had promised that he would have
his clients do in the event of thirty days
stay of proceedings being granted in the
enforcement of the judgment against the
property of the Semi-Tropic Company.
To this Mr.. Shortridge objected, on the
ground that 1t cut no figure in the case
at bar.
The trial will occupy another day for
the taking of testimony.