The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-05-21
SAYS HI SIGNED AWAY $4,000
AWNING MiKER CILLS LAWYER
GIBSON 10 lCCOINT.

Wan IIe Never Heard % AFTER the AZ.
torney HAD jumped sis IDahk Ae.
eouRt Around cant Read ~ write.
The Appellate Division Of the supreme
Court afirmed yesterday the appoint
ment Of Charles ,. Mathewson a. referee
| 10 take proof of allegations made against
Burton W. Gibson. a lawyer Of ne Mas
sau street. on an application by Hugh ,.
Trainor. an awning maker In West Wash
ington Market. who lives at Mlls Hotel
| No 1. 20 compel Gibson 10 return s20.O0O
received from him.
In his petition Trainor says he IA ~
years old. aud single. and has always
lived with the utmost economy. and by
reason Of that fact aud hard work has
saved about StO.OO which was deposited
In twelve savings banks. Gibson called
on him IN 1875 he said. looking for a man
named Hugh Trainor. who had money In
the Manhattan Savings Institution. where
the awning maker had an account. and
told him il was necessary for dePOsitOrs
10 withdraw interest beyond the limit Of
deposit. Gibson offered 10 help him re-
deposit the excess elsewhere. Under his
advice TrainOr put s. .2S8 In the Broadway
Savings Institution.
Trainor says Gibson then advised him
to take all his money out Of the savings
banks and invest il in mortgages in real
estate under GibsOn's direction. which
he declined 10 do Then Gibson told the
awning man that another Hugh TrainOr
was claiming certain Of his accounts that
had not been active for some years, and
told him he was in danger Of losing the
accounts because a suit was likely 10
~ begun az any time to establish the
claim Of the other Hugh TTsinOr. Glib
| sou told him "a bring any papers served
ON him t. Gibsons Office. In this con-
nection Trainor says Gibson told him Il
I would be advisable ~ have the money
| out Ut the banks and invested m mort
/ cages on real estate because the claimant
couldn't reach it then.
Trainor declares that he was served
last September with the summons IN
an action brought by one Mont
gomery. but he didn't know what
the cause ~ action was. Tie took the
summons 20 Gibson and paid him tl0O as
a retainer 10 defend the suit. Gibaon
the claim Oi the other TrainOr. Between
then and March TrainOr says he signed
various papers under 0ibsOn's direction
as necessary To the suit. lie could read
only a few words and cannot write any
thing but his own name. and as the CON
teuts Of the papers were never read 10
him he didn't know what he had signed.
he says
Gihson tOok him TO court on March ..
TrainOT says, and they went TO court
room where Gibson said the Mont gOmeTy
action Vas about TO BE- ,Tied. He heard
! Gihsun saw to an attendant that the case
would have To he adjourned because he
didn't have the bank books. Gibson then
told Trainer he needed the books, and
! Trainer got them. Gibson said IrainOr .
signature at the New York Savings Bank
was uut correct. and be- went there with
Gibson and left his signature. There
Gibson said d was Necessary for him 10
have drafts signed for the various ac-
/ counts la the bank books. because it
had become necessary 10 show them TO
the Court to establish TrainOr,s right 20
the accounts. Gibson also said he would
withdraw the money from the banks and
depOsit u with The City Chamberlain
until the suit was over With this under
standing Trainer says be signed the
drafts
Then Trainer consulted business ao-
quAintano.s who advised an inquiry
Re learned fcg the flrsi time that a iudg-
ment in favor o. FINS T. Mont gOmery
and against him had bsen entered In the
County Clerks ONCE on February 10
aud that Oh March 81 there was died a
confession Of judgment hearing bic sig
nature which stated that Montgomery
was Justly entitled to $4,000 GA four
promiasory notes dated March n. 1903.
which were made payable to one Rose
Guerra OF bearer. IN settlement Tor .
claim greatly la excess Of that amount.
the notes having been transferred 20
Mont gomeTy
IrainOr says he never saw or heard OF
Rose Guerra Or knew Of her claim. never
made the notes y her and never knowingly
made " indOrsed a prJnissory note OF
any kind. He never owed any person or
Grm over $50 a. one time, he says. and
never signed any documents except those
pertaining to the awning business a. the
instance " any one but Gibson.
On March 81. TrainOr says. be- learned
that Gibson stated he had drawn out over
82U. O0O u Trainor money with the drafts
he signed and applied it in satisfaction
II the Judgment. TraiuOT sues 20 compel
Gibson 20 return that money aud To ac'
count for any other sums he has received
In his answer Gibson saws he believes
Trainur h worth over SiOO.O O He adj
mits having been retained ~ counsel m
the Mont g0mery action. but declares that
Trainor knew what he was signing. He
SAYS that after the Montgomery judgment
was filed the sheriff served an execution
on hum for the amount % IL and he paid
lit, lie says that all be- got was a fee 81
S. COZ Gibson declares that he has no
money or property nov belonging "a
1rainor.