New-York tribune., 1913-06-22


case As young lawyer, / was deter
mined and a pretty good fighter for a
client. ] prepared all the papers in the
case on appeal. ! did everything in the
case necessary to carry ii up TO the gem
eral term Of the Supreme Court. The
general term then consisted Of Judges
Noah Davis. John r. Brady and Charles
Daniels They are all dead.
Curtis argued the appeal from my
briefs. and two Of these judges-Daniels
and Brady-reverscd the judgment and
sent 1t back for new trial. and said it
had to 20 10 jury. That Is all mat
ter of record
Then i began to prepare for new
trial. spent a long. long time working
on this, getting the facts and looking
after everything and doing everything.
Then the case came on for second
trial. before Judge Lawrence. Mrs Wat
son and her daughter came to New York.
Governor Pingree came also to New
York. and all the witnesses.
LAS ] had spent quite a little money
and had done all this work ] said to
Curtis that | thought ! had been told how
much / was going TO be paid in the event
We won the case; and if we won IT there
would bc about million dollars. At least,
as Mrs. WatsOns share. because she was
entitled TO one-ifth Of the estate-iust the
same amount that her mother would have
had if Anderson had died intestatc
He asked me what ! thought was fair
and said I would leave It to him. Then
he asked me II thought $1,000 was fair
as my share for everything. ! said that
was satisfactory. He promised and said.
you will get $4,000 as your fee That
was agreed to aud corroboratod by Mrs.
/ Watson. Aftervard she denied It, | had
witnesses TO prove that she corroborated
! il.
| "Howevcr. we went on with the trial.
and it lasted a long time. II was hard
trial. and We Won tho case. Curtis and ]
tried the case before Judge Lawrence and
jury. The judge is alive.
The Anderson people took an appeal
and / prepared our side Of the case IN
| that appeal and paid all the expenses
/ The appeal was pending when Curtis and
the lawyers for the Anderson estate met
| In Vermont and settled the case. knew
nothing about that until weeks afterward.
and when l heard the case was settled !
/ demanded that | be paid. Curtis told me
that l would have to get my money from
| Mrs. Watson. that that was a part OF
the settlement. When I appealed to Mrs.
Watson she said | had to get my money
! from Curtis. that that was part Of the
settlement
/ sts = ont fF1N
bers of the legal profession at that time
in New York City. among them Joseph
II. Choate. who is alive. and James G.
Carter. who was then the leader of the
bar. and who is now dead. They said l
certainly should sue Mrs Watson.
We'll. / had to sue i'm Vermont. !
couldn't sue anywhere else, so ] brought
suit in Vermont TO recover my agreed
upon fee. That is now twenty odd years
ago.
Told to Sue Curtis.
Certainly wouldn't 60 to Vermont to
bring suit there against a resident OF
that state II didn't think ] had a Sood
chance. That goes without saying. But
/ had such a strong case and ] was so
confident Of my case that ! was satisfied
that / could get justice anywhere. 50
brought this suit in Vermont, and II was
tried at White River Junction. II was
long trial. a great deal Of testimony
was adduced. and the jury was out some
time. when II brought in a verdict against
me on the ground that Curtis had received
all the fees and l should sue Curtis.
"It is true he got a very large fec out
I ~ and hQ did
agree to pay Mr.. Newcombe and MI.
I Auerbach and Mr.. Sulzer, which he did
not do. But it was useless for us 70 sue
Curtis.
"One Of my witnesses in that case was
James c. Carter. Ills testimony is OF
record. and. If / remember correctly, he
testified that my services were worth
much more than the $4,000 agreed upon.
other lawyers testified at that time as to
the value Of my services. II there was no
contract at all they affirmed, my services
on a ouantum meruit were worth more
than the sum mentioned. II lawyer does
work for client he IL entitled TO be paid
for what he does on quantum meruit.
That is the law.
Judge Lacombe and Judge Wheeler
were the two judges who heard the case.
Judge Wheeler IS dead, but Judge La
combe Is alive. Judge Lacombe charged
the Jury strongly in my favor, and was
surprised when the verdict went against
me. He said afterward il ought TO he
set aside. because II was against the
weight of evidence. But, never mind; /
lost.
Turning Of the Lane.
However. / was treated very badly IN
the whole matter. ] lost all the money /
put in the case and lost two years OF
hard work During that two years ! did
very little but work on this case. ] de-
cided l would take the losses, and II
would be a lesson 10 me for the future
which would be worth a great deal more
than the $1,000. II has been the sad les
son Of my life, but II made me an As
semblyman then a member Of Congress.
and now the Governor of the State Of
/ New York. That can all be proven. Some
time III tell the story. Misfortunes are
often blessings in disguise.
zone Of the witnesses I'm this case was
we'll known man who was the assist
ant sergeant-at-arms Of the House or
! Representatives, pamed Felix McCluskey.
| He testified for me, and as to the things
I did and how / did them, and to the
conversations. But he was the principal
witness in the Anderson will case. and It
was on his testimony that Mrs. Watson
! had won her case
In the meantime lawyer in the city
Of New York. Colonel Edward G. James.