The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-01-24
CAPT. v, |, DAY
AFTER $500 FEE
Attaches Money Deposited
by Mrs. S. S. Coley.
MRS. COLEY SAYS $500
This Was to be His Fee For Service
in the Coley Case.
SHE HAS A LETTER STATING THIS
Captain Day Offers to Compromise For $500
But Mrs. Coley Declines TO Pay
Him Single Cent
More.
SHE HAS A LETTER STATING THIS

The Coley case had in it a genuine SEN
sation yesterday afternoon
This came when Capt W. H. Day at
tached the money awarded Capt. S. s.
Coley, and deposited in a bank here in
his wife's name
Capt. Day claims that $500 is due him
for his appearance in the re-hearing. Mrs.
Coley, on the other hand, declares that
the Coloners fee is 800 and says that
she wont stand it, and that not one
cent more than 800 shall Captain Day
have
1t will be remembered that after run
ming the gauntlet of the Superior and
Supreme courts, with a rehearing of the
case by the Supreme court that Captain
5. S. Coley, who lost an arm and had his
health ruined when he was injured by
falling from a tender on a Southern Rail
way train in Goldsboro, finally obtained
u confirmation OF a verdict of $12,0o0
with interest from the Southern Railway.
To secure this verdict required lawyers
in the stubbornly fought case, and law
yers need cash. For the plaintiff Messrs.
L, M Argo and w. B. Snow were en-
&c ged, and these gentlemen, who were
to receive one-third of the damages
awarded, conducted the case up to the
time of the rehearing by the Supreme
court
Then enter a new lawyer This was
Captain w. H. Day, but Captain Day
was engaged, SO it is affirmed. for stip-
ulated amount Il the case was won, and
this amount is said by Mrs. Coley to be
$10e. while Captain Day says $500.
To support her view Of the case Mrs.
Coley has q letter written 10 her hus-
band on July Z, 1900, by a friend, in
which it is stated that it would be wise
to employ Captain Day in the case. The
lcason for this, as assigned In the letter,
Is that as Captain Day is Republican
and the majority of the Supreme court
are Republicans that his connection with
the case would be of value.
The letter goes on to say hat Captain
Day has been seen and has agreed to fin
ish up the case for 500 if verdict is Sc
cured, that his only fear of not winning
the case is that the award is for a
large sum, and that This may go against
its confirmation.
In the engagement, of Captain Day as
extra counsel in the matter Colonel Argo
is reported to have agreed.
Here is what happened that led UP TO
Yesterdays exciting events.
Mrs Coley, to whom Captain Coley had
given the money awarded to him by the
courts, was here on Saturday. She had
the money placed IN a bank here, Messrs.
ArFo and Snow receiving their proper
tionate share, something like $4,000. Be-
lug pressed for time Mrs. Coley returns
to Moncure, where she resides, leaving
Word that she Will be back on Monday
to pay Captain Day.
Finding that the banks were closed on
Monday. General Lees birthday ami
versary, she deferred her trip till Tues
Gay. That day was rainy. bad one and
Mrs. Coley arrived here yesterday.
She went to the bank. arranged about
her bank book and checks, and then saw
Col. Argo. Going up the street she met
The gentleman who wrote the letter con-
corning Captain Day, who told her not
10 pay him but $780,
Mrs Coley next called on Captain Day.
He was in his office and she introduced
herself to him, not having met him be-
fore. Invited in she took seat and told
Captain Day that she had come to pay
him his fee of $lG0.
But Captain Day told her it was $500.
Mrs. Coley asked why. Captain Day said
because that was the agreement with
Captain Coley. Mrs Coley asked to see
the agreement. Captain Day said it was
a verbal one. Mrs. Coley declared that
Captain Coley would never have made
such an arrangement without consulting
her. that he was in no condition, IS his
physicians would certify to make such
an agreement. that he had told her to
pay Captain Day $780, that this was all
that was due him.
Just here another gentleman entered
the office, and Mrs. Coey heard him say
something about IAN attachment Judg
ing it referred to her she inquired about
il. and learned that the money deposited
Ia the bank to her credit had been at
tached for Captain Days claim.
Mrs Coley informed him again that
800 was all that he was TO receive. Cap
tain Day said he would take it to court.
The gentleman present said he would not
get justice if he did.
Then Mrs. Coey sprung surprise, She
took out the letter in which the gentle
nan who first saw Captain Day had said
the fee ives to be 500, and she read it.
Then Captain Day offered TO compro-
mise for $500 but Mrs Coley declined. He
then proposed that she sign paper leav-
ing the question Of the size Of his fec to
a lawyer, telling her that she had re-
ccived nearly 10000,
Mrs coley declined to sign, and as
she has an invalid husband and children
to care for, whom she has cared for
since the accident declared she had no
more than she needed.
Telling Captain Day that she proposed
10 pay only what Captain Coley justly
owed, she left him. and went TO Colonel
Argos office
While there Deputy Sheriff Separl
came. He had some papers to serve on
her. but by advice of her lawyer she
declined TO accept service or to have any
thing 10 do with the papers.
So stood the matter last night. with
Mrs coley declaring that II was an at