The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-12-30

after Powell presented 10 M~s, McSessey
ara Ter hubbard sypewrzften axssFT1ent
81 which II Was agreed wat in conssdera-
ton Of bringing ard prosecuting ss1st
agaErsaz tire T-nson TxEsuk I-sCe Tor damages
re7xatssrfr from the in5sxry. advancing dis
bssr~essents add booking sster sfspsoyn sent
&C. pay him 0ns-hasf OF what might De re-
stssered b. sEi. or or settlement EoNsa
agreeing 70 pay counsel fees. POI prov iasrlg
tke suss should nsz be seErsed except with
lass eorsssst ard through hlrn
On yseeAsSst isSsr tass coEtrasT. TIE measure
Of Paxeils compensation zas GHeG NJ ~
per esrf. of the recovery I'D 70 xss1si- and
y per sent OF any excess ose~ tslst amount
s-s! as thus altered Was ssgnff by Nc Ses-
ley ard plfe ars delivered 20 Powell Pow
Ell testified that he Kept large nrns1eFs .,
printed contracts similar 20 the above ard
gave the committee 50 understand that Ae
was making business Of entering azfro
ssscfs contracts.
tract gepfer1iSsF 2 a complaint, ~ yssAs
sasrGagss IN the Haafn CT s-N.sss3. was 'iec IN
ftae Superior esassS- No Other step ~@s
taAsv In the 1Sase Until DetcsSy =. ~nsr =
- srstsgsiasrs was filed with The names o.
Grove. Auit ard Perkins subscribed as TIE
attorneys ff the plaintiff. ard tra- OF mar
din d Ferry Az attorneys for defendant, r.
citing that the case had been a1seaniy
settled ard providing the acrto0 might De
ss:srssssxed. each OF tie parties 70 nay their
ard It's costs.
citing the stipulation with Ge Writing
20, X. Grove. Auls Il Perkins. BY ChaTs@x
f.. Powell" was presented 20 Judge Henson
In good faHh by the attorneys Tor the ds-
PENDANT and signed. flied and en- tered
Settlement Not Authorised.
There In saucf conflict and direct contra
6ietion among witnesses, the committee
sinds as TO whether plaintiffs in the case
authorized this disposition of their suit, or
we're aware of the terms Of settlement or
ever ratified IT. Considering the appear
aSece ana bearing Of the witnesses. the
manner 4ra character OF their testimony
and the circumstances surrounding the
tfsas+.ss2E - 9muiittee iIasts the plant
IFS did not authorize or afterwards ratify
the settlement 81 their case and were ig-
ssoraGt or the terms OF settlement. until
sso1nr time after the order Of Dismissal was
entered
The settlement was for seo arid made by
a check for 80. snstorsed. payable 70 the
order of r. Grove. J. -. ,sult and Charles
T.. Powell attorneys for Mrs. Margaret
II. McNeIiey sna Raei MeSeiIey. ard four
negotiable notes OF three for 800 each and
one Tor 30. payable TO TIE order OF Hardin
4 Ferry These notfs we're BY Hardin q
Ferry, igssfoys sd 20 the order OF Grove.
Ault IL Powell, substantially as the check
had been. and were delivered to Powell
who sold them for $50 cash.
or the moneys received, Powell paid
Grove 80. AuIi s., and Perkins So as at;or-
ney's fees. He paid DR. Yanden si5 for
services in THE examination NJ made and
detectives. whose names he refused 10 dis
close. for services In looking mp testimony.
$751; and So TO Dr- C.aIe1ce Smith. II DR..
D'Rolnke SD and to DIR. McItechnie s2D.
Powell upon his exanaana ton, produced
an assignment 10 himself Of bill Of Dr.
Smith tn the sum OF So. but the Committee
f,nds the fact 10 he that Powell. in the ABB
SERGE Of DIR Smith. caused the agent OF the
latter, tgnorantiy nd innocentiy. TO render
the bill for n excess OF $40. and procured
an assignment Of the same 20 himaelf. and
that no part OF this bill has been paid
The McNeIieys Deceived.
The committee further firss tina, the pur-
ported agreement in the Handwriting OF
Powell. bearing date October H. and the
Signature Of MeSeiey ard wife, reciting
they hid agreed TO accept $3.50 in settlement
enj dismissal! Of the damage suit. WAS not
signed and consented 10 with knowledge
on their part ~ It's meaning, but through
deception ptacticed upon them by Powell.
That al the time OF signing said papsrs.
JeNelles and wife believed Powell to be
an attorney and counselor Of the superior
court. and one OF their attorneys IN the
Gauss.
The unconscionabie character Of the
agreement and its variance. 20 their pTeiu-
dice. from the original csampertoass con
tract executed between MeNeiicy and his
wife have tended 10 confirm The committee
In Its finding this subject
The signature 10 the dismissal st!puia ton.
the committee nEds. was written BY Pow
eli without the consent of any 81 the three
attorneys. Perkins. the committee reports.
was not aware until the 8Asbarmeut suit
was begun that hs one OF the attorneys
IN the McNei}ey ease. All through that
case. ths committee says, his conduct vas
honorable ana free from just ground of
ceHSnre.
The committee SAYS that Grove as shown
both III ths manner anu substance OF his
testimony, = "A man OF limited legal knowi-
ecgs and experience and Was for two or
three weeks prior TO the making and fling
q the stipulation and the. dismissal OF the
McNelsy ease Guaranteed ~ his house on
account of dipbrhefia
These facts and circumstances appeal ex-
tenuatsngiy to the committee IN his behalf
but she committee frdS from the testimony
that Grove. prior to the CONNIE nee ment Of
that action. ana until its Dismissal knew
not only that Powell was not am attorney
at-iaw. but that ne was openly holding him
self out as sslCh. and as Grove $ partner in
the Jaw and collection business and that
! the plaintiffs ~ the Nc Neliey case believed
Powell To he an attorney -at~iaw and their