Daily Arizona silver belt., 1909-12-22
BIGELOW HAS GREAT CHANGE TO WIN
 B|G SUIT
Boston Man Figures Him to Have Seventeen Chances
 Against Four

BOSTON, December 2l.-The ques- tion of whether A. s. Bigelow is to pay to the Old Dominion company S2,500,- 900 or thereabouts is now in the hands of the Supreme court of the United States. The court has already decreed in favor of Mir. Bigelow $ partner, Mir, Lewisohn.
 One who has gradually followed every phase of the litigation says: ''I was greatly interested in the article recent ly appearing in the Boston News Bu- reau setting forth the possibilities of the Old Dominion trust receipts. which are, of course, without value, should the highest court in the land render a verdict similar to that rendered in the ease of Mir. BigelOw s partner.
 "I figure that the chances of A. $. BigeIow in the Supreme court are Y to in his favor, if any argument is to be drawn from the judges who have previously considered the question of liability in this famous and much liti. gated case. ...
 "It is to be borne in mind that there have been two series of litigations run ming alcng side by side. One started in New York in the United States courts and one started here in Massachusetts in the state courts. In the United States courts, the uniform and unan- imous decision has been that there is no liability; and in the Massachusetts courts the uniform and unanimous opinion was to just the opposite tO-wit, that there was liability until the de- cision of few months ago, when our Supreme court has split three to four, the three declaring that there is no lia- biity being the chief justice and his two oldest associates.
 1.-The situation works out thus:
 Judges Favoring Bigelow Contention
 F. II. Lacombe, G. c. Holt, w. J. Wallace, w. K. Townsend Alfred c. Coxe, NJ. w. Fuller, John M Harlan, David !. Brewer. E. D. White. R. W. Peckham, Joseph McKcnna, O. w. Holmes, William R. Ray, w. II. Moody, NJ. P KnOwlton, James NJ. Morton, John w. Hammond.
 Judges Against Bigelow Contention
 w. C.. Loring, II. N. sheldon, II. K. Bradley and A. F. Rugg.
 Of the judges who have decided that there is no liability. it will be noticed that the first five are of the Circuit court and the Circuit Court of Appeals The next nine are all members of the Supreme court of the United States, the highest court in the country. The next three are the chief justice of Massa chusetts and his two oldest associates. The four who have decided agaist Mr. Bigelow are the four remaining mem bers of our Supreme court, judges whose opinions, of course, are entitled to great weight and consideration, but who have decided a question diametrically oppo. site to it's decision by every United States judge before whom it has been, including every member of the Supreme court of the United States.
 ''To put it in another way, if Bige. low is to lose in the Supreme court, l it would seem that the extraordinary spectacle would be presented of tran. saetiOn in which two men were partners where one partner by the decision of fourteen United States judges goes free and the other by a decision of four state judges is to be held liable.
 "As gambling proposition and looked at oE the doctrine of chances, it would seem that the old Dominion com pany would have to give pretty sub stantal odds against Bigelow, now that he is in the United States courts. It is to be borne in mind that Bigelow, | besides having in his favor the deci. sion of seventeen judges as stated above, called thirteen witnesses, charac- teried by Chief Justice KnOwlton as of the greatest eminence and distic ton, who testified as experts in law that, in their opinion, under the law of New York, the decree would be a bar to these suits if they were brought against the defendant in the courts of |