The San Francisco call., 1898-12-18
BURNS TRIES
 ID REPUDIATE
 HART'S CLAIM Attorney Trusted to
 His Honor.
SAVED HIM FROM STRIPES
SENATORIAL ASPIRANT SAYS TT
 WAS WORK FOR GLORY.
Suit for S25, ,ooo Compensation Will Come Up for Trial February 27. The Colonel Pleads Statute
 of Limitations.

A further Illustration of the manner of man the Southern Pacific has selected as its candidate for the United States Senate will shortly be given. when the case of A. l.. Hart Vs. D. NJ. Burns comes LID for trial before Judge Dunne in the Superior Court of the city and county of San Fran cisco.
 It Is matter of public knowledge that Hart was Burns attorney at the time of his direst need. He went to his aid when the gates of the pententiary were yawn- ing wide to receive him, after he had been deserted by his friends and political asso- clates and was without money or means with which to defend himself against the charges of embezzlement growing out of his alleged n4isappropriation of public funds while Secretary of State.
 There were twelve indictments filed against Burns in the Superior Court at Sacramento, and the evidence to substan- tiate them was so strong that attorneys or established reputation prophesied that ne would in all probability spend the re- malnder Of his days behind prison walls. Hart took charge of his case, without hope of immediate rev lrd, because he Knew Burns had no money, and after legal battle which attracted attention through the length and breadth of the state, and even beyond its borders, sue ceeded in securing the acquittal of his client on one of the charges. Eventually the remaining indictments were dismissed.
 Hart a.so acted as one of the attorneys for the defense in the action brought by the State to recover S31. .734 64 the alleged amount of his shortage while Secretary or state, together with p per cent dam ages and interest, making total of over S4O,OO0. This suit was brought in San Francisco and subsequently transferred to Holo County. The records show that Judgment for defendant was entered in March, 1887. This judgment was set aside on January 13 1SSS and a nominal judg- ment for Sl169 entered in favor of the State which was paid on March F of the same year. Hart was the heart and soul Of the defense during all the time these cases were pending-a period of ten years, rom 16S3 to 1893. He spent his own money freely, and even secured bondsmen for Burns at time when the disgraced ex- officials own friends, or those whom he supposed to be his friends, would have nothing to do with him. And he did this on the strength of Burns word that he would make things right when his Mexi- can mines began to pay. But the Burns trusted than the politician Burns of to- day and instead of rewarding the man who saved him from prison he repudiated his promise.
 Hart brought suit for s25 900 for his services on November 22, 1894 and on March 14, 1895, Burns filed his answer Ihe answer is remarkable document In 1t Burns declares that Hart fought for practically ten years to keep him (Burns) rom the penitentiary and to prevent him from being compelled to make restitution 10 the State he was charged with defraud- ing without expectation of reward: that he volunteered his services with the un- oerstanding that he was not to receive any pay other than the satisfaction he might derive from the knowledge that he had saved a fellow-man from oblivion and disgrace presumably.
 However, in order to show what a lib- eral man he is, Burns says that notWith- standing he was under no obligations to his attorney, he did, on December 5. 1SSs pay Mr. Hart the sum of $2OO0 as "a do- nation and mark of gratitude" and that is was accepted by the attorney as such. Then for fear the payment of that sum accomm odating attorney had really ex- pected pay for his services, and that this understanding was also at one time shared by him, the answer to the com plaint goes on to state that the claim of the attorney is barred by the statute of limitations. This will be the real de- Tense of the Senatorial aspirant in his ef- fort to avoid the payment of claim for services of the man who stood by him and defended him in the days of adver- Sity. when friends were scarce and he had no money to hire counsel or buy irnmu- nity from punishment.
 To the ordinary man it would appear strange that Burns should seek to eVade the payment of claim of this character, but he is not an ordinary man. He is not influenced or moved by any of those con- alterations that direct the actions of those who have a high regard for their honor, as is evidenced by his attempt to take refuge behind the statute of limita- tions.
 The case came up on Friday on a mo- tion of the attorneys for the plaintiff that the case be set for trial, and Judge Dunne designated February 2 as the date. NJ M Estee, of counsel for Burns. filed a writ ten demand for jury trial, which indi- cates that Burns fears to allow the case to be tried by Judge, but hopes to se- cure a jury that will be favorable to his interests.
 It is intimated that when the trial is begun Attorney Hart will spring a sen sation of the harassing sort, and the ene- mics of the colonel are chuckling over the treat they believe to be in store for them through the falling out of the old friends, caused by the stinginess and lack of honor of the Mexican mine owner and California politician.