The San Francisco call., 1898-07-27
WON COLD
 CASH BY 4
 COMPROMISE Famous Foley Case Is
 Concluded. SEQUEL TO THE SHOOTING THE NEVADA SENATOR'S ES- TATE RATED AT $1OO,Oo0. Eastern Heirs Consider That They Gained Materially by Settling the Complicated Case Out
 of Court.
SEQUEL TO THE SHOOTING
THE NEVADA SENATOR'S ES-
 TATE RATED AT $1OO,O0O.

George W. Baker returned yesterday from Reno, New, where he has been engaged for a week or more in the con- test of the petition for the distribution of the late Senator Foley's estate. By a compromise which was made at the eleventh hour Mrs. Oscar J. Smith, the Senator's widow, paid the Eastern heirs, whom MT. Baker and Judge Bigelow represented, 5000 in cash. MT. Baker considers this even better than the winning of his suit, for If he had secured decision giving them all the interest in the estate they asked 1t would never have realized this amount.
 In speaking of the case last evening, Mr. Baker said: This was a very con- plicated and peculiar case. Senator Foley was shot and killed by Mrs. Hartley In 1894. She was tried, con- victed and sent to prison for ten years. After serving two years, she was par doned last year by Governor Sadler.
 The Foley estate was appraised at over $100,000, but shrank in value with everything else in Nevada. He left no will, and under the State law the widow secures all of the community property and half of all the rest MT. Foleys mother, three sisters and brother in the East employed us to look after their in- terests. The widow signed an agree ment to divide the property equally, taking half and giving the Eastern rel atives half.
 Just at this time Mrs Hartley was pardoned and came upon the scene with son, whom she claimed was Fo- ley's offspring. She filed a suit for half of the property for this boy. Just before the case went to trial the boy died. She had her father appointed administrator of the childs estate, con- sisting of this claim against Foleys estate. The suit was tried last sum- mer, and as his claim would prevent the Eastern relatives from securing anything if he won, we fought and de- feated that case. No appeal was ta- ken, and in this way Mrs. Hartley dropped out of the case entirely, al- though she watched it constantly, at tending every session.
 Mrs. Foley, who had remarried, then repudiated the agreement to di- vide the property equally, claiming that her attorney had misinformed her and not given her the proper advice. She secured the services of Messrs. Campbell, Clark and Rand. The case was tried in Washoe County before jury last fall and we secured a yer dict for a half of the estate. Mrs. Foley's attorney, who drew up the con- tract for an equal distribution of the estate, was on the stand at that time and In every way possible tried to make 1t appear that the contract did not mean what it said, but to no avail. The case was appealed on some point of instructions, reversed and sent down for another trial.
 This began on July IS and continued all last week. We had a good case, but 1t never reached the jury for yer dict Before the close the attorneys for Mrs. Smith advised a compromise. This was decided upon and Mrs. Smith paid us $25,000 for the Eastern heirs, which is more than we could have re- alized If the jury had given us all we asked for do not believe that the en- tire estate could be sold to-day for $50,- O00 The settlement took place on Sat- urday last"