Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-11-08
OVERSIGHT CAUSES
LOSS Of PROPERTY
Failure of Senator Lewis to
Protect His Own. Rights
Proves Costly.
NOTED LAWYERS FURNISH
MANY SIMILAR INSTANCES
Attorneys, Careful Regarding
Clients, Often Fail to Safeguard
Their Own Interests.


carefully protecting the rights of thei
clients. oftentimes neglect to safeguard
their own interests before the courts
has recently been illustrated before
the Supreme Court of the United States
with Senator James Hamilton Lewis
of Illinois as the loser. Interesting
"reminiscences OF other similar cases
of lawyers .self-neglect were recalled
at the recent meeting here of the
American Bar Association.
1t was recalled that Samuel ]. Tilden,
candidate for the presidency and
among the great lawyers of America
had written his own will, and it was
declared invalid because of the fail
ure to comply with an ordinary law of
the state .of New York. which Tilden
had. no doubt, complied with hundreds
OF times in behalf of his clients.
1t also was brought up that James
B. Dill one Of the most eminent of the
trust lawyers. the real originator of
the theory of trusts. who died in the
state of New Jersey. had bought a
home in the country, and did not pay
recorded, and shrewd land spectators
beat him out of the property with q
tax title.
Attorney General Garland. former
General of the United States under
Cleveland. lost his house in Washing
ton by neglect to have the title
changed. and children of dead parent
parents title still existed. and the At
torney General was compelled to give
up the property.
Only in the last few weeks has the
TACT developed that Justice Lurton of
the United States Supreme Court, one
of the eminent lawyers of America.
drew his own will by hand, but as soon
as 1t was submitted to the courts 1t
was held to be invalid. He had failed
to comply with the ordinary provision
OF the law with respect to witnesses
But for the fact that the mother and
son agreed between themselves, indi-
property.
Case of Senator Lewis.
The recent illustration before the
United States Supreme Court was when
Senator Lewis made a motion to dis
miss his own appeal, which had been
taken by his lawyers in the state of
Washington in case brought against
him by Mrs. Kreig. claiming one
half of a large homestead lying in the
state of Washington, in the Island of
San Juan. The claim of Mrs. Kreig
was upon the ground that she
WdS the daughter OIL the HFSt vile OF
the man who had decided the property
to Senator Lewis when he was law
yer in that state, and that Senator
Lewis had not obtained her signature
to the deed, or that of her mother. For
this omission the senator was COM
PEELED to concede the right in law of
the daughter to one-half of the home
stead He freely told the court that
as a matter of law the claim was cor
rect, and that he would not ask to
tray cd fan mi al md
which were available from the papers
in the case. for the purpose of defeat
ing the claim Of the daughter.
The circumstances of this litigation
twenty years ago involves both ro-
nance and history; much OF 1t touches
two nations.
Nearly twenty years ago when James
Hamilton Lewis was young lawyer
in the state of Washington a man by
the name of John Phillips had taken
up homestead on the Island of San
Juan in the waters of the state of
Washington, bordering upon British
Columbia. This is the island once
claimed by England as part of Brit
ish Canada, and was the subject of
disputes almost leading to war between
England and the United States. Lieut..
Pickett of the United States army, aft
terward the Confederate Gen. Pickett
NJ Pickett's charge fame at Gettys-
burg, saved the island for the United
+tates
At the time referred to when the land
was owned by Phillips, Phillips had
married a woman of one of the clan or
sect which had made their habitat on
this strange island. and who were of a
very devout and religious order. The
wife died. This was the mother of the
woman who has brought the lawsuit
against the senator. Later Phillips
took to himself a new wife from dis
tant lands, a Canadian woman. The
neigh borhood in which he lived was
shocked by this "disloyalty" to their
sect of their island. In large numbers.
armed with guns. certain of his neigh
bors surrounded his house one night
and began making demonstrations in
dicative of their forcible demand that
he send the new wife away.
II was raining, and the night was
dark. The evidence disclosed that 1t
was impossible to recognize faces. The
new wife was horror stricken: and In
her terror chung to her husband in
half swoon. The daughter. then young,
was terrified, and husband and father
at such moment yielded to the impulse
to avenge the trespass upon his pri-
vacy; seized his gun, and turned it
and shot indiscriminately. When the
day broke the brother of his first wife
had been killed, and was found well
terinG in his blood. Relatives of
Phillips had been wounded, and man
who was a stranger, but who had join
was never ascertained. was dead.
Threats of Lynching Heard.
Excitement ran high. and threats of
lynching Phillips were heard upon
every side. Mr. Lewis. with his asso-
ciates, obtained a change of Venue. The
cause was tried at the city of Port
Townsend. the judge presiding being
the brother-in-law of ex-President
Harrison-Judge Scott. One of the
lawyers who prosecuted subsequently
was appointed American consul in
SYRIA. and died there.
Mr.. Lewis made his defense upon the
ground that the people who had swarm
ed about the house and sought by ter
ror to compel Phillips to drive his new
wife away should be treated as mid
night burglars and murderers. He sue
ceeded in his defense and Phillips was
acquitted, the jury holding the killing
justified.
AS compensation to Mr.. Lewis. Phil
lips gave him the deed to one-half o.
his land. The story is that Philllp:
gave him a deed to all of the land ant
Lewis returned him one-half, beside:
paying the expense of his trial out o
the proceeds of his part of the land. HI
retained the remainder.
However. Mr.. Lewis did not get thu
signature of any one representing thu
been appointed for the daughter. Thu
daughter was the principal witness IL
the murder case. When she grew VI
she was married. and she took from