The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-12-19

Mckee was there, but l don't know where
he came from.
"A few days later I gave Simpson his
two checks. l had carried out the details
of the compromise. l am absolutely GER
tain Attorneys Moore. Martin and Chap
man got the offer of MacdOnough 10 COM
promise for $4,000. l remember that be-
cause Mr.. Simpson once came to my Of
flee and said IL was for $4,000 or more.
and l told him he was a liar 10 his teeth.
Simpson Will remember that. L. p. Cole.
Macdonough's attorney, is dead, and l
have ascertained from his daily journal
two, entries. One, on February Il. 1898,
reads: After six interviews with Sermon,
offered TO settle with Simpson for SO 600 !:
the other, February 10, 1893 reads: Set
tied and dismissed Simpson versus Mac
donough, basis OF $40 000.' John ]. Sem
non, who up to his death was Macdon-
oughs agent, informed me that he had
destroyed all of Macdonough's papers Of
date prior to December, 1894, when he
turned hts business over to hts successor.
The $1,000 check which Simpson claims
Nusbaumer manipulated the latter proved
beyond all doubt had been cashed by
Simpson himself with Dalzell & Moller
The latter's check book was here intro
duced TO prove this. II also proved a
great surprise to Simpson and his attor-
ney. II showed an entry of a changed
check for $4,000. on which Dalzell & Mol
Ter had given him back a check for
Sll16 so. which he (Simpson) himself had
Endorsed, and the balance; SlSs5 20 was
II would like TO say that the contract
Simpson had with Macdonough was 3d.
00O," continued Nusbaumer, but he re-
ceived in all a total OF $4,000 over his
contract for extras. II simply shows he
did not lose any money on the PROPOSE
ton"
Coming down to the question Of whether
Simpson had not been trying TO secure
from Nusbaumer an accounting the latter
answered tersely: Yes; he has been Try
ing, but | never owed him one. | have
never been the keeper of his money nor
his trustee nor agent j think, though.
| have told him TO call at my office for
an accounting-that is, l made an ap-
pointment with him to go with him to
San Francisco and dig up this matter and
show him where his money went 20 and
to see his attorney over there, who, by
the way, is a respectable and perfect gen
tleman and who would have nothing to do
with this case
This was the straw that burned too mp
idly for plaintiffs attorney.
81 infer from that" remarked Attorney
Major McElrath. that you say that any
attorney who would bring this present
suit is not respectable gentleman"
''Yes, sir" quickly responded NuSbaum-
er, that Is what | mean TO say"
Then retorted the major. rising from
his chair. you are liar"
In an instant Nusbaumer was on his
feet and raising his hand 10 deliver a
blow when Attorneys Frick and Fitzger-
al will not permit two big stiffs like you
fellows to come in here and BLUM me-"
shouted Nusbaumer, speaking TO plaintiff
and his attorney.
When quiet was restored the major
apologiZed 10 the Court Commissioner as
did also Nusbaumer. and again for a, mo-
ment 1t appeared as though hostilities
would be renewed, because the two attor-
neys claimed there was no need for their
apologizing to each other
The taking of the dispositions will be re-
sumed next Wednesday morning.