The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-04-13
WILL ASK COURT TO
DISBAR BOTH OF THEM
Judges PetltiOned to Let Out
Willis e. Dodge and Vernon
w. Dodge, His Son.

The state supreme court yesterday
fixed May 2 as the date for Willis E.
Dodge and Vernon w. Dodge. his son,
to answer a petition for their disbar-
ment, filed by Eli SouthwOrth, secre-
tary of the state board of examiners
in law.
Two distinct charges are preferred
against w. E. Dodge and Vernon E.
Dodge in the petition. 1t is alleged
that Mary Fitzgerald, injured in a
passenger wreck on the Great North
ern at Dassel, Mimi, Sept. 10, 1903, re-
tanned w. E. Dodge and his partner to
prosecute her claim. for damages
against the railroad company. 1t is
charged that Dodge and his son pro-
cured the case through the influence
of Thomas O'Brien a brother of Mary
Fitzgerald, to whom they had promised
20 per cent of whatever they would
realize in the premises Action was
then instituted in the Hennepin county
district court, demanding damages in
the sum of $4,000.
The petition recites that Mary Fitz-
gerald was i'll during these transact
tiOns and that she remained in the hos
pital till after the settlement of the
case, her brother acting as her repre-
sentative. Negotiations were started
between Col. Dodge and the railroad
on Nov. 8, after the commencement
of the action. 1t is then alleged that
on Nov. the railroad company paid
to w. E. Dodge and Vernon w. Dodge,
as representatives of Mrs. Fitzgerald,
$4,000 inefull payment of her claim.
The petition then sets out a letter
said to have been written by w. E.
Dodge to Thomas OBrien on Nov. 4,
1903, in which Dodge says that the
company had offered to Settle for
$500, and desired to have an answer
to it's proposition before 4 o'clock on
the following day. The latter urges
O'Brien and Mrs. Fitzgerald to decide
immediately whether they will or not
accept the offer of the company. The
letter advises the clients to accept the
proposition, which is said to be most
favorable under the circumstances, and
as good as a five-thousand- dollar YER
diet would be after eXhauSting the re-
sources of the company in the district
and supreme courts"
1t is alleged that this letter was
'fraudulently composed for the purpose
of deceiVing the client and her ad-
wiser, Thomas O'Brien, and to conceal
from them the amount which said rail-
way company had offered and agreed to
pay in settlement of the claim and to
gain her haSty consent without inVeSti-
cation, and to enable Willis E. Dodge
and Vernon w. Dodge to fraudulently
retain for their own use $1,000 which
was paid by the railroad company"
1t is alleged that Mrs. Fitzgareld
executed a power of attorney enabling
w. E. Dodge and V. w. Dodge to effect
a settlement Of her claim, that the
company paid the attorneys $5,000 and
that they paid to her So, 900, telling her
that they retained $500 as fees for
services and expenses
A second charge declares that w. E.
Dodge and V. w. Dodge were retained
by Hugh Rankin, who was also injured
in the wreck at Dassel; that they made
settlement with the company for
$1,000 and paid him $400. telling him
that they received but $500 from the
company and retained 500 as fees.