The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1904-09-24
HAS LAW YER
ON THE RACK
Schilling Must Pay Money
or Be Suspended From
Practice of Profession
COURT HEARS CHARGES
Judge Hunt Makes an Order
Against Accused Attor-
ney, Then WithdraWS 1t

my, 1nCu w lOIluIdNS IL
For a half minute yesterday after
noon Attorney Frank Schilling was
suspended from the practice OF his pro-
fession by the judicial order of Judge
Hunt. Then the Superior Judge with
drew his ruling and advised Schilling
to = a little deep thought to his pre-
dicament and in the meantime TO con-
suit Attorney NJ. L. Schmitt, who was
associated with Schilling in the Dina
Smith divorce case, cut of which the
trouble grew. Schilling was not in
mood for consultation, but Schmitt
made a motion that the Judge with
hold his order until Monday and the
stay was granted.
The hearing involving Schilling's pro-
fessional standing occupied two hours
of Judge Hunts time yesterday and
there were several exciting moments.
Schilling and Schmitt had prosecuted
two unsuccessful divorce suits for Dina
Smith against Andrew Smith, a livery
man. In the last action Judge Hunt
ordered Smith TO pay So for his Wifes
attorney fees and $45 a month main
tenance. Mrs. Smith charged that
Schilling had received $50 from her hus-
band on account of alimony due but
had kept it for counsel fees. On hear
ing this Judge Hunt caused her to
make an affidavit setting forth the al
legged facts. Schilling denied the
charges and asked that the hearing be
had before some other Judge Judge
Hunt said he would not call in a broth
er Judge to determine whether or not
the lawyer had withheld from the
woman money belonging to her
When the hearing began, T. NJ.
Diviny, Schilling's partner, moved
dismissal of the proceedings, which was
denied T. G CGOgan conducted the
case against the lawyer.
SCHILLING's VERSION.
Schnling testified in his own behalf.
admitting that Smith had paid him $50
on the judgment in the divorce case,
Schilling giving a receipt. He said that
Smith had declared he did not care
whether the money went toward pay
ing the alimOny or attorneys fee. Then
Schmitt AID Schilling agreed that it
would befwell for them to apply $40
toward the expenses they had incurred
in the case and give Mrs. Smith $40.
Mrs Smith, learning that the $50 had
. been paid, called on Schilling and he
told her what had been done. She de-
clined 10 accept SO and said if il was
not all paid for alimony the attorneys
could keep it for fees and she would
get the alimony out Of the balance due
The witness said his client professed
to be satisfied with the arrangement.
Judge Hunt and Coogan tried to
question Schilling as to the expenses
alleged TO have been incurred in the
case, but the witness objected to all
the questions of the court as ''incom-
petent-" He was advised TO answer
and il was learned that he had served
summons himself and others were
served by Mrs. Smiths brother, for
which the latter did not charge. Attor-
neys Schmitt and Diviny and Miss
Grace Wright, Schilling's stenographer,
substantially corroborated his story of
the transactions.
Andrew Smith gave his version and
said that Schilling asked him TO pay
the money, representing that Mrs
Smith was hard up and starving.
The husband said he had paid it as
alimony and in a hot passage with the
lawyer told Schilling it was a shame
that he should take the money from a
poor woman. Pay il to her now, if
you've got it," shouted the husband.
Mrs. Smith then took the stand. She
had gone to Schilling's office, she tes-
tilted. to get the money and he told her
II had been paid, but he guessed he
had better keep it for fees" She told
the court that she had no money.
JUDGE RULES HIM OUT.
At the conclusion Of the evidence
Judge Hunt asked Schilling if he had
anything to say The lawyer started
to argue that the hearing was only
preliminary on the question of
change TO some other court. judge
Hunt ruled him out. Then Schilling
said that he had put in a demurrer
This the court promptly overruled.
Then the Judge asked him if he was
prepared to pay Mrs. Smith $40 out Of
the $50 he had received.
Il certainly will not give it to her"
replied Schilling, holly. She gave it
to me for our fees under the contract
and I am going TO keep it,"
Don't be hasty," said the court. II
don't want to be hard on you. / will
give you until next Tuesday to think
il over"
LAS far as I am concerned" retorted
the thoroughly angry attorney, you
can decide it now. / will not change
my mind on Tuesday"
well, since you challenge me for a
decision said Judge Hunt, Il will or
der that you be suspended from the
practice Of your profession until you
pay the woman"
Schilling was silent. After a brief
pause the court said: II withdraw that
and advise you TO consult with Mr..
Schmitt"
That's kind of you" remarked Schil-
ling. but I don't think / will"
Then Schmitt made the motion that
deferred the order until Monday.