The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-05-10
RESCUED CGNFRLO'S MILLION
PART or SERVICE FOR WHICH
DELAHJNTY ASKS SIS, 500.
Gamblers Lawyers In Gsitihs stay ~
state Submit Din o. PartiCUiarS Sew
York Counsel says He TOok securi'
ues, NOtes, Cheeks. &C.. 10 jersey


ties, NSteS. Cheeks. &C., 70 jersey
Supreme Court Justice Gerrit A. Forbes,
sitting at Canastota, granted yesterday an
order staying lawyer John Deiahuny
from proceeding With his suits against
Richard Garfield to recover so, 500 forf
legal services pending an appeal by Can
field 10 the Appellate Division here from
Justice Davis's recent order denying Can
neld's application TO have the two actions
consolidated and tried together,
In connection With the application for
stay Canheld's lawyers, Curtiss, Arms
Keenan, Of Binghamton, submitted 10
Justice Forbes Delahunty's bill OF pan
tioulars In one Of the actions.
Delahunty's first suit h TO recover ga, 500.
the balance Of a commission which he says
Garfield promised him for procuring the
payment, on Feb. Is, 1908, Of four notes
held by Garfield aggreEating $50, 900. Can
field In bis answer sets up that he paid the
lawyer in full and that he has counter
claim for about t1s 600 against Delahunty
on notes given by the latter in 1879 and
1900 for money lent. Delahunty has re-
piled to this that he paid those notes before
the present actions were begun.
az 0el for services rendered between
Dec. /, 1907. and July 1, 1904. Garfield also
interposed his counterclaim 10 this suit
and set up that be owes the lawyer nothing
Then he sought to have the actions con-
soidated, which Delahunty opposed, on
the ground that the two suits had no con-
nection. Justice Davis took this view
The bill OF particulars furnished by
Delahunty deals only with the services
rendered In the second suit, and does not
reveal who was the giveT Of the four notes
for $780, 900 which we're pressed for pay
ment on Feb. IS. 1908. But in the bill the
lawyer reveals that Garfield knew before
hand Of District Attorney Jeromes inten-
ton to raid the Canheld gambling estab-
lishment at East Forty-fourth street
on noc. /, 1901. The bill rs addressed 10
Canhelo personally
Delahunty sets out that his hrst service
10 Garfield in this connection vas when he
vas summoned to q conference with Can
field and the latter's manager, David W,
Bucklin. on Dee. !. 1907. in view OF an
expected invasion OF the premises by the
District Attorney and his assistants by
force and arms The lawyer then recites
bis other services. which include accom-
panying Jerome through the house, getting
bail for Bucklin, appearing in the police
court the next day and performing a long
ssries Of lagal services before and after
| Garfield and Bucilin were indicted
Delahunty also seeks compensation for
rosihtinE JsEouA' q e0oFtn. 70 obtain Can
fields book, papers and securities on de-
post m the Fifth Avenue Safe Deposit
vaults. These papeu included. he SAYS,
negotiable securities worth upward OF
! 81 900 900, among which Were several hun
! bred thousand dollars worth Of notes,
checks and other obligations taken by
you In the course OF your business, and
the production Of which In public Il was OF
the utmost interest to you 10 avoid
The bill goes on 10 relate that Delahunty
! took physical possession OF all this prop
erty and deposited II in jersey City. where
| he personally resisted all the police at
| tempts to obtain control Of IL. From Jer-
sey City, Delahunty says. he took the prop
| eTty to Stamford Conn. where he turned
| It all over 70 Bucklin. as Csnheld's agent
! The placing Of these securities, Della
! hunty says, where they were subject to
| your control absolutely. without public
! display Of the same, was Of vital iApor-
lance for your protection and the protection
Of your business.
Delahunty's work in the matter OF oh
tanning changes Of venue for both the
! Bucklin and Garfield trials forms large
item. None Of the items il charged for
specifically, however. He says that the
change Of venue In the Bucklin case re
I lieved a situation Of extreme embarrass'
ment and opened the way for advan'
tageow proceedings in your own case
The last item In the bill is declaration
Of services rendered in connection with
the Bowling law. which jerome got the
Legislature to pass 30 that patrons OF
gambling houses could be compelled TO
testify. Delahunty does not say what the
services were, however. II was this BIZ
| that led Bucklin and Garfield TO plead
guilty, getting on with fine Of $1,000 each
In his application TO Justice FORBES
LAWYER Curtis said that Garfield IL now
- Il. ~ h