Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1906-06-20
JUDGE ORDERS
NOTE ANNULlEO
He Reviews Sensa-
tional Crawford
Shell Case


J. g. Crawford against Mrs. Adelia c.
Shell has been ordered cancelled by a
decree of District Judge Steele, the
opinion having been received by At
torney J. L. Harm today.
The opinion of Judge Steele recounts
the testimony showing how the plain
tin, Mrs. Shell. went to Attorney
Crawford and in the presence Of
witness an agreement was reached by
which she should pay $40 IL services
upon her husband from whom she was
seeking a divorce could be secured in
idaho, and $50 II the services were se-
cured outside of the state. The opin-
ion further recounts the testimony Of
the plaintiff which was corroberated,
in which she returned to the office Of
Attorney Crawford on the following
day and signed what she supposed to
be an instrument necessary to her di-
vorce proceedings. but which was
blank mortgage. She also signed
note for $500. which she demanded
back az soon as she learned the ma
ture Of the paper but which was held
by the defendant Crawford.
Testimony 10 corrorsratsd.
The testimony of the plaintiff IL cor
federated by Justice Of the Peace Bell.
who accompanied Crawford to the
home Of the plaintiff the next day
when, another mortgage properly filled
out was presented for signature. but
which waa refused by the plaintiff. and
a second visit by Attorney Crawford
and Justice Bell, at which time Craw-
ford told the plaintiff he then held the
property and was collectable at once
while the mortgage was for three years
and could not be collected before that
tim". The signature to the mortgage
was secured under this representation.
but the plaintiff then secured the serv-
ices OF Attorney J.. L. Harm who se-
cured the desired decree OF divorce
and commenced proceedings against
Crawford to annull the note and mort
gage.
Sharp Words from Judge Steele.
No testimony was introduced to
show the defendant had commenced
any proceedings toward the securing
of the divorce and the decree Of Judge
Steele Ia concluded In the following
language:
I'm the briefs Of the respective
counsel considerable attention Is Riven
to = discussion az to when the relation
Of an attorney and client existed: the
plaintiff insiating that this relation
was established at the first visit to the
office Of the defendant by Mrs. Schel
and Mrs. Seeley. and the defendant in.
sisting that during the whole Of ths
negotiations until the mortsaRe wa
signed the relation Of attorney and
client did not exist, and that the part
ies were dealing with each other a
arms lenoth
Rslations Were Establishsd.
"The relation Of attorney and ell
ent IL always established prior to tn
attorney performing services for tn
client The questions az to whethe
the fee shall be paid at once, or hoy
It shall be paid. or the amount nee'
Hot auu OIteH are uot cohSiuciVu VI
til after the services are performed
From the time the attorney agrees
act for client in a certain proceedin
the relation of an attorney and ellen
exists. and in this case the couI
thinks the relation was establishe
when Mr.. Crawford agreed to act n1
plaintin In the divorce proceedinh
and arranged for her to return II
following morning to sign the initia
tory papers. After this time. she ha
the right to rely upon his statenler
as to the effect Of the note given an
(continued on page fivel