The record-union., 1899-05-30
TROUBLE OVER 4 LAWSUIT.
ATTORNEY HENLEY ACCUSED
OF TRICKERY.
But He Smiles and Declares He Has
Acted Strictly Within assa
the Law.

| Judge A. G.. Hinkson of the law firm
| of Hinkson & Elliott, has taken excep-
tion to the methods employed by At
torney William Henley and Justice of
the Peace c. H. Merkley of Sutter
| Township in the management of a re-
! plevin case.
! 1t appears that in the early part of
last week Mrs. Minnie Heisen, who con-
ducts a lodging-house on Seventh street,
i between l and j. seized some of the per-
sonal effects of Mrs. M L Marshall, al
Ileging as a reason therefor that the lat
owed her for rent Attorney Henley
was retained by Mrs. Marshall, and a
writ of replevin was sued out for the
recovery of the goods seized.
Mrs. Heisen employed Hinkson & Ell
lott as her attorneys, and the case was
tried before Justice Merkley who was
called in by Justice of the Peace w. A.
Henry to act in his stead Justice
Merkley took the matter under advise
ment but on Saturday Henley received
from him the judgment and other
papers necessary to carry it into effect.
The Constable served the writ of re-
plevin on Mrs. Heisen, collected the
costs and after Justice Henry had
closed his court for the day, Henley
entered and placed the judgment in the
docket book. Henley's action was Sc
verely criticised by Lawyer Hinkson
yesterday and was made the subject Of
considerable comment.
WHAT HINKSON SAYS.
Judge Hinkson was seen by "Rec-
ord Union" reporter last evening, and
in speaking of the matter said that he
and Mr.. Elliott were advised that JUS
tice Merkley intended to render judg-
ment in favor of Mrs. Marshall, and
were informed that the judgment was
to be made at such an hour as to pre-
clude them from filing a motion for
stay of proceedings and preparing an
appeal bond.
In order to meet such a proceeding
they prepared the necessary appeal
bond, and on Friday requested Justice
Henry to notify them in case judg-
ment was rendered and entered on his
docket On Saturday he was informed
that it was expected that judgment
would be entered up between and 6
o'clock in the evening, and in order to
be ready for such an event his part
|
A few minutes before o'clock Mr.. Ell
lott saw Justice Henry and the latter
informed him that no judgment had
been entered on his docket up to that
hour.
About 6:15 o'clock, Judge Hinkson
said, his client telephoned to Mr.. Ell
liott, informing him that a Constable,
in ~cordance with a judgment rem
dered against her, was searching for the
goods The goods in question had been
hidden away, and Henley and the Con-
stable found nothing. They took the
Judgment, which was for the costs OF
the case ($91O Hs we'll as for the re-
turn of the goods seized, to the saloon
owned by Mrs. Heisen, and rather than
see the property attached she paid the
costs.
Continuing, Judge Hinkson said that
Mr.. Elliott went to Justice Henry's Of
flee and presented his motion for stay
of execution and the appeal bond for
fling Justice Henry at first declined
to file the papers, on the ground that
he had nothing to do with the case, but
finally consented to and did file them,
and on the fling of the notice the Con-
stable stopped his search.
Judge Hinkson further stated that
Justice Henry's clerk informed him
that he had typewriter the judgment
and execution between II and l o'clock
on Friday On Saturday morning the
Judgment was found to be pasted in
Justice Henry's docket, but the latter
said he knew nothing about it, W. j.
Davis subsequently said that about 5
o'clock Saturday evening two
hours after the writ of execution was
given to the Constable-Attorney Hen
ley borrowed from him a key to Justice
Henry's office and pasted the judgment
into the docket.
In conclusion Judge Hinkson said: Il
propose taking such steps toward both
Attorney Henley and Justice Merkley
as the facts seem to warrant, and 1t VIII
not rest where it now is
HENLEY'S STATEMENT.
Attorney Henley was also seen by a
Record Union'' reporter. He smiled
over the matter and said he was out to
win the suit for his client, and won it,
keeping within the law at every point.
He did not propose to try the case of
his client in the newspapers, and did
not feel disposed to assist the attorneys
for the other side by citing authorities.
He preferred to write out a statement
from his point of view, and did so, as
follows:
Eds. Record Union: In reply to an
article in this evenings paper entitled
| Peculiar Act of An Attorney" permit
me to say that if fidelity to my clients
cause is a peculiarity-then l am pecu-
liar.
A reporter of the paper called on me
and made a short, concise statement,
| which I declared to be substantially
correct, but it was not the statement
that appeared in print As to what