The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-21
BURNS HAS A
COURT OF HIS
OWN MAKING
I his Tribunal Settled
Harris Bill.
}. B. WRIGHT WAS THE JUDGE
SAVED THE COLONEL THE BIG
SUM OF $21, 500.
}. B. WRIGHT WAS THE JUDGE
SAVED THE COLONEL THE BIG
SUM OF S21, 500.
The Mexican Politician Thinks $4,000
Ample Pay for the Labors Ex-
pended to Keep Him
Out of Jail.

Judgment of dismissal was docketed
yesterday in the suit of General A. l..
hart against Daniel NJ. Burns, brought
to recover 900 for legal services, and
the case, which grew out of the misdeeds
of Burns while Secretary of State, is
ended, although it may be remarked that
Hart didn't get his money. 1t is said that
the dismissal was the result of a COM
promise, or rather the verdict of a ref
cree, j. B. Wright, prominent in railroad
affairs at Sacramento. A stipulation filed
by General Hart for himself and M. NJ.
Estee for Burns ordered the dismissal of
the suit. 1t set forth no facts by which
the amount paid Hart can be determined,
but $500 is said to be the figure, which,
taken in connection with the great efforts
of General Hart to keep his client out of
the penitentiary for felonious acts and in
creased efforts to collect the reasonable
value of such services, is indeed a beg
carly sum, but its payment quite in keep
ing with the man who agrees to pay it.
That the services of General Hart on
behalf OF Daniel NJ. Burns were reason
ably worth the sum sued for may be
easily determined when the laborS of the
attorney are considered. In the year Of
1884 ii was discovered that while Secre-
tary of State the Mexican politician had
embeZZled State funds TO the extent of
$31 ,734 81. The case against him, notwith-
standing his influence at that time, could
not be overlooked, and he fell into the
hands of the police. With a term in
stripes staring him in the face he en-
ployed General Hart, and the fight for
his liberty commenced. Twice Burns was
hauled before the Police Court of Sacra-
mento on charges of embezzlement and
Hart represented him Then the plaintln
in the action just dismissed used all his
talent and all his time defending his
client in twelve actions before the Supe-
rtor Court of Sacramento, in each of
Ix-hi nh oh 10 ed "a mi
appropriation of public funds. Next a
civil action was brought against Burns to
recover the amount embezzIed, and as
things became too warm for the colonel
in that locality the case was transferred
to Yolo County for trial Hart fought the
matter through TO the end, and finally
becoming wearted at the untirlng tight
Hart was making on behalf of Burns the
people dropped the case and Burns was
permitted to go his way the case against
him established. but unconvicted of the
crime
After this fight Hart presented his bill
for $25 900 for his services and was paid
$4,000. This ended the payments, and con-
slant requests brought but smiles from
the colonel. So suit was brought to recov-
er the balance of the fee, the complaint
being filed November % 1894 In his an
swer Burns did not deny that the labors
of General Hart were worth the amount
asked; he simply set forth that the attor-
ney had agreed to defend him without
pay and he accepted his services on this
leo after a fortunate mining venture he
gave General Hart a present of $4,000, he
said, for the many efforts on his behalf.
The answer was unique, as the world has
never known that General Hart so loved
Colonel Burns that he was willing TO de-
sert his business and for period of years
defend the colonel in every court of the
commonwealth in which the crime was
committed.
The continued absence of Burns made
repeated continuances necessary, and the
case never came to trial before the courts
of this city. Finally, becoming wearied
of the proceedings General Hart put his
trust in j. B. Wright of Sacramento and
left the account with him for settlement.
Subsequently Wright, being railroad
man, having common interests with Dan
iel NJ Burns, railroad candidate for the
United States Senate, met General Hart
and assured him that the matter would
be settled. Wright and Burns were con-
stantly together, and doubtless while
Hart was awaiting the arrival of the for
mer's verdict he and Burns were joyous
over the shock such verdict would be to
Hart when made known to him. Finally
tent of his honor were made known to
Hart and for some reason he agreed to
accept $500. held by Wright to be Suff1-
cient payment for the legal services. The
labors of Hart on behalf of Burns have
spread themselves over many years now
After saving the politician from the peni-
tentiary-a most difficult task-Burns gets
promise 10 agree to such henChmanS YER
dict fixes for himself the value Of his
defenders services and takes the case
out of court, but in doing so adds another
chapter to the history of his honor but
little brighter than the rest.