Bisbee daily review., 1910-09-20
BARNES CASE
 APPEALED ID
 HIGHER COURT
Widow of Late Jurist, Who Lost Suit Here, Carries Mine Litigation to Terri torial Division

A very interesting matter relating to the long drawn out Shattuck- Costello mining litigation originating in this county and extending to the supreme court of the United States was brought to the territorial supreme court yesterday on appeal from the district court for Coehise county.
 It is the case of Belle J. Barnes against L. c. Shattuck. Fl. R. Han ninger and Emil Marks, defendants and Mary E. Street. executrix, and J. L. B. Alexander, intervenors.
 The plaintiff is the widow of the late Judge William Barnes, of Barnes & Martin of Tucson who were the attorneys of Shattuck, and others in the litigation with Costello. Another attorney for Shattuck and his asso- ciates was J. M OColneI of this city.
 According to the terms of their employment the attorneys were 10 receive one-fourth of any sum that Shattuck and his associates should receive from Costello.
 The litigation, or one phase of it. for it is quite complex. had reached the stage of preparation for appeal to the court when ct the request of Judge Barnes, Messrs street and Alexander went into the case to com ,,1a.o ,bo ,rarorafioDo for tho apt,a oI and to look after the case when it was heard in the supreme court Ac- cording to this last arrangement the contingent fee was to be divided into three equal parts. between O'Connell, Barnes & Martin, and Street and Alexander.
 But this litigation or this phase of it did not reach a natural end. It was settled by the payment to Shat tuck and the others of s75,o0o for the surrender of certain mining claims in dispute. Thus the con tingent fee was s1s.750 which was paid to Mir. O'Connel who distributed to Barnes & Martin or rather to Colonel Martin and the widow of JuuSe DdIutSr t1e oA@i- uciohSAiiS to them.
 The present action was brought by Mrs. Barnes against Shattuek and others to compel an accounting. In her complaint no mention is made os having received any part of the con tingent fee but she alleged that in addition to the money settlement Of the case against Costello they had received valuable mining stock.
 Judge Street having died in the meantime his widow and the execu trix of the estate and his former partner Captain Alexander intervenea and the case was tried at Tombstone last spring. Their being no showing that Shattuck and the others had received any mining shares rom Costello or anything else except the s75,000 in settlement, that part ot the case was dismissed and the case became an action by the inter yenors against the plaintiff, for the recovery of that part of the contln' gent fee belonging to Street and Al exander
 The proof of the argument between that firm and Judge Barnes consisted in part of correspondence betw Judge Barnes and Judge Street reiaf' ing to the case and especially to the work of preparing the appeal NIT O'Connell while he had no definite knowledge of the agreement said he had been told by Judge Barnes thai the case having been appealed ana he being obliged to leave tse further preparation of the case would De made by Street and Walker.
 MT. o'Connell further testified to having received from Shattuck the contingent fee agreed upon and ms transfer Of the share of Barnes and Martin to Colonel North and Mrs Barnes.
 On this showing before Judge Dear the intervenors were given judgment from which the plaintiff appealed.