The Providence news. (Providence [R.I.]) 1891-1906, 1904-01-25
LAWYERS
CHIEF
WITNESSES
Case Involving Fees Of Late
Benjamin n. Lapham Still on
Trial Before Judge Dubois.

The hearing before Judge Dubois In the
appellate division Of the supreme court
OF the suit brought by John ID. Lewis,
administrator Of the estate Of Benjamin
N IApham, against the New York, New
Haven g. Hartford Railroad company, to
recover $1,000 for Mr.. Laphams profes-
sional services proved very interesting.
Some prominent members of the bar
placed very modest estimates on the value
OF Mr. Laphams services, judged by
what equally eminent attorneys called In
behalf of the administrator placed upon
the same services last Friday The
eminent attorneys on both sides all
agreed that the late Mr. IApham was en-
titled TO as high a rate for his services
as any member OF the bar Of his time.
Walter III. Barney called as wit
ness for defendant declared he had had
good deal to do with important ntiga-
tion and mentioned n number OF big cor
pcrations for which he had done work.
Mr.. Barney was counsel for the receiver
Of ths Int rstate Street Railway company
when II was in financial difficulties. He
believed $4,000 fair charge for Mr.. lap
hams services.
I,orin NJ Cook, counsel for the Lapham
estate wanted to know how much Mr..
Barney got for his services to the re-
ceiver. but Mr. Waterman OF counsel for
the corporation objected and Mr. Cook
failed 10 get the information. Mr.. Cook
sought TO get the Information so as TO
compare Mr. Bamey's charges In that
instance with his estimate OF the charges
Of the deceased.
Mr. Barney told Mr. Cook that he didn' t
recall ever sending an itemized bill 10 a
client. Witness declared he always
figured his charges from accurate data.
James Tillinghast testified ne was ooun-
sci for Attorney General Ziha O. Slooum
In litigation with the New YORK. Provi-
dsnce and Boston Railroad and said that
he had had several conferences with Mr..
Lapham previous to the fling of an an
swcr In the bin in equity brough. in be-
half of the state. but had no conference
with him after the answer was flled
Mr.. T1llinghast was not askei by coun-
sci for the railroad company u pass upoif
the value of Mr.. Iapham's services as
disclosed by the bill OF particulars.
Former Attorney General Robert w.
Burbank was also called and proved y
very entertaining witness. AS Mr.. Bur
bank was answering question as To his
practice Mr.. Cook broke IN with the ques-
tion as to whether Mr.. Burbank had ever
been receiver. Mr.. Burbank quickly re-
piled that receivershio appeared 10 be
exclusive privileges at this bar
One Of the counsel for defendant In the
:
Cooks exclusive privileges There was
general laughter among members OF the
| bar at this sort OF play as Mr.. Cook has
had about all the cream OF receiverships
for many years past
Mr. Burbank declared ne had carefully
estimated the value OF the services and
| thought Mr.. Lapham's estate entitled 10
$500. Mr.. Burbank thought Mr.. Lapham
was entitled to $40 an hour for attendance
| at meetings OF commissioners
Mr.. Cook I'm his cross-examination start
cd a promising lead by asking what would
be reasonable charge for work done be-
fore the legislature. There was nothing In
the bill Of particulars about this so in
| teresting Information was not furnished.
Mr.. Cook and Mr.. Burbank dealt sharply
with each other.
Mr.. Burbank told OF some important
cases ne had including the big litigation
in which the Riverside mills We're inter-
ested some years ago. An effort Of Mr..
Cooks 10 get comparison OF Mr.. Bur
banks charges In the Riverside mills case
| and Mr.. Laphams charges to the Rail-
road company failed.
N. w. Littlefeld had carefully con-
sidered the bill OF particular and thought
$1,000 TO $4,000. Mr.. Littlefield In answer
to questions by Mr.. Cook thought a
lawyer entitled 10 full and just COM
pensation for services rendered
Dexter b. Potter thought S26l4 a fair
compensation for the work done. Mr.
Potter admitted that he studied law in
the office OF Benjamin N. Lapham, and
that Mr. Lapham was a very promnen,
and able attorney.
stephen o. Edwards. also called by the
defendants had made a minute examina-
tion OF the charges as set forth In the bill
OF particulars, and thought fair sum
for the same was between $500 and $1,000.
David s. Baker said. that owing TO Mr..
Lapham's age he, Baker, had done the
most important work In the matter of
appointing of commissioners on Aliens
avenue. Nothing had ever been said
TO Mr.. Dapham about his being prac-
tically superseded. as the railroad Of
! hcialS did not wish 20 hurt his feelings.
Mr. Raker received $500 for his services