The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1909-03-17
COURT WHIT Tie 5
RADFORD's FEES
DEEPLY
WHERE ATTORNEY CHARGED
COL. MYERS $4,000 ONLY $1,000 is
ALLOWED AND INTEREST Is
CUT OFF ENTIRELY.

A substantial victory for the heirs
OF the late Col. K. f. Myers. the aged
architect, who died two weeks ago.
was the decision OF Judge Murphy.
handed down Tuesday morning. III the
suit brought by the colonel 10 compel
an accounting or the funds collected
by Attorney George w. Radford on a
judgment against the County OF Lu-
cerne, Pa. The total amount collect
ed was $l4960. After payment of the
costs OF the suit to secure the judg-
ment there remained sl2,7ll in Rad
ford's hands.
Mr.. Radford became Col. Myers at
torney In the early eighties. and con
tinued 10 act In that capacity until
1903. During all that time the only
accounting made was In 1899. when
Col. Myers owed his attorney $4.6l3.
This was acknowledged by a note
given by Col. Myers. Then followed
the suit in Pennsylvania and the col
lection or the Judgment. Col. Myers
claimed he could never get an account
ing from Mr.. Radford, and the matter
ran along until. recently, suit was
started TO compel the latter To make
an accounting. According 10 Mr.
Radford's figures the colonel owed
him 81, 5SS.63 In February OF this
year.
The largest item In his bill against
the colonel was one OF $4,000 for his
services in collecting the Pennsylvania
judgment. The other charges were
for interest, loans. etc.
Reviewing the work done by Rad
ford, in collecting the Judgment, Judge
Murphy points out that most of the
service was rendered by Mai. Levi I.
Griffin. a former Detroit attorney, at
that time residing In Scranton, Pa.
Maj. Griffin advised the starting of the
suit In The United States district
court. which was done. AS showing
the dependence placed by Radford in
Maj. Griffin, the. former wrote in 1902:
Now | feel that the matter is in
safe hands and | shall be guarded en-
tirely by what you advise"
1t was under Mai Griffins manage
ment that the case was brought To All
early trial and the entire amount
claimed was collected.
Mr. Radford testified at the trial
that he could never get Col Myers
attention long enough to have a set
Element. but Judge Murphy holds that
the colonel was anxious for settle
ment rs is shown by a letter introT
duced as evidence II was written by
Radford to Maj Griffin and reads:
Aside from my personal need OF
the money Col Myers is anxious to
have the matter closed up.
Speaking OF Radford's delay in
furnishing an accounting Judge Muir
ply says:
"A clear legal duty devolved upon
the defendant to account to complain
ant when demand was first made
Referring at length To Maj. Grifiin's
work in connection with the litigation
III Pennsylvania. Judge Murphy says:
mo one may read the voluminous
correspondence which passed between
the defendant and Maj. Griffin with
out being driven To the conclusion that
the legal questions involved, both In
the main case and in the Intervention
proceedings, were investigated by the
latter and not the former: that Mr..
Radford relied implicitly and almost
exclusively upon Mr.. Griffin for in
vestigation OF the legal principles IN
issue, and that the real work of pre-
pairing and directing the federal case,
both upon the law and the facts, was
done by the latter.
For his entire services In these
the action against the county
Of Lucerne and the proceedings. both
federal and state instituted by Geo.
w Myers. he will be amply compen-
stated by an allowance of $1,000"
The court, however, makes other
small allowances TO Radford. which
bring his total compensation up to
about $3.50, but cuts off all interest
charges on so-called loans, which are
construed as payments on account, and
awards the plaintiff interest for I'M
paid balances.
A formal decree for an accounting
is entered
Attorney latham, who was interest
ed with William G.. Stuart In the case
against Mr.. Radford, says that the re-
suit of the decision will be that. in
stead OF Col. Myers being $2.5sS in
Radford's debt, the latter will owe to
the colonels heirs about 81 500.