The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-12-12
AN INSANE MAN
SUES RAILROAD
Wants Pay For Services as
Attorney.
He GAVE BACK HIS FEES
NOW SAYS HE WAS NOT IN HIS
RIGHT MIND.
CRAZED BY ILL HEALTH AND II ,R0 WORK
His Complaint SEES Forth That He Was MisIed
and Duped in His Conduct of the Case
by the Counsel Associated
Wi h Him.

Recently mention was made in these
columns of the fact that Mr.. Philip Will
liams Avirett had brought suit against
the North Carolina Railroad Company
for upwards of $4,000 for profes sional
services and expenses incident thereto.
Mr. Ayeritt was formerly an attorney
in this city, but he is now am inmate
of the insane asylum here. He brings
suit through his guardian, Mr.. Perrin
Busbee, and asks Judgment for S2,991.2S
and costs.
The complaint which was filed yester-
day sets forth the following facts as the
basis of the suit:
/. That ON October q, 1898, in Vance
county, the plaintiff, Philip Williams
Ayeritt was adiudged to be a lunatic
and incapable of the management of his
affairs.
2 That on October %, 1898, he was
committed to the State Hospital for the
Insane at Raleigh.
3. That on April -, 1899, Perrin Bus
bee duly qualified as the general guar
dian of the property of Ayeritt.
4. That on July g. 1897, the directors
of the North Carolina Railroad Company
employed Averitt as assistant counsel in
certain causes pending in the Circuit
Court of the United States, commonly
known as the North Carolina Railroad
Lease Suit, and paid him a retaining
fee of $500.
.. That under this employment AveTitt
immediately began to render the profess
sional services contracted for-preparing
certified copies of records. examining wit
nesses and obtaining evidence to be used
by the company. These services requir-
ed the plaintiff to travel a great deal
to New York, Washington, Norfolk, At
lanta and other poimts-which consumed
the entire time Of the plaintiff for nearly
five months, and subjected the plaintiff
to great expense which was paid for out
of his private funds. Also the prepare
ton of the case necessitated employ
ment of stenographer who WAS ike
wise paid out of private means.
T q. That the officers and directors Of
the railroad company knew that the
plaintiff had accepted the $500 merely
as a retaining fee and THAT he expected
to make additional charge for his seT-
vices upon termination OF litigation. The
defendant accepted these services never
at any time intimating that the $500
paid was not deemed as a mere retainer.
That the services rendered by the plain
tiff to the defendant are reasonably
worth the sum Of $500 and plaintiff has
duly demanded same of the defendant
and defendant has refused to pay 1t.
z. That during pendency of the litiga-
ton plaintiff expended the sum OF S991.2S
for travelling expenses, hotel fare wit
mess fees, copies of records, etc. That
this was expended while acting as the
duly recognized attorney Of the defend
ant, and that Vouchers for $500 of t-ds
amount were presented by plaintiff and
paid to reimburse the plaintiff for money
expended out of his private means.
8. That on November %, 1897, the de-
PENDANT without reason or excuse dis
charged the plaintiff from his employ
ment as it's attorney.
8. That after this the plaintiff com
tinued his connection with the case as
attorney of Governor Russell and was
paid therefor retaining fee of $3.50
out of the public moneys.
10. That while acting as counsel for
the North Carolina Railroad Company
it became plaintiffs duty to make an i'm
yentoEy of property Of defendant conn
pany, then in possession of Southern Rail
way. THAT plaintiff in preparing said i'm
ventory consulted with the most eminent
and best recognized expert railway ac-
countants in United States; that plaintiff
did prepare such ;in inventory and fur
nished same to defendant company; that
during the course of said litigation it
was determined by said counsel and
deemed vital and necessary matter and
plan of defense ON the part of the de-
fendant, when said cause should come
to trial, to force the Southern Railway
Company to introduce certain of its high
officials as witnesses, NOTABLY MIR. Sam
uel Spencer, and for the defendant upon
their cross examination to PROFOUND to
these witnesses certain interrogatories,
which defendants counsel were confident
would elicit such evidence from said
witnesses as would clearly establish the
defendants contentious. That by reason
of plaintiffs intimate knowledge and
acquaintance with this particular phase
of said litigation, it was determined by
the COUNSEL that the plaintiff should
prepare such interrogatories and con-
duet such cross-examination at the trial.
H. That when the cause came mp fer
hearing at Salisbury, ON january g. 1893
las anticipated and desired by the de
PENDANT, the said Southern Railway
Company did introduce said Samuel
Spencer as a witness in its behalf and
plaintiff had prepared in writing the
interrogatories proposed to be PROFOUND
ed to said witness on his cross exanina-
tom, as requested by other counsel in
said causes ON the might previous. That
upon the completion of said witness ti-
rect examination, plaintiff STARTED to
cross-examine said witness by PROFOUND
ing to him the heterogeneous thereto
fore agreed upon by said counsel as
| aforesaid, when to the utter horror and
establishment Of plaintiff defendant >
other counsel abruptly, positively and alb.
solutely refused to allow the plaintiit
to ask witness any question whatsoever,
especially the interrog;itories which he
Ihad MIRO nllsl. la.1.raa rcLl and aefllsed TO