}
}
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April 26th. He kept his departure a matter of secrecy and I only heard of "it by mere chance at 5 o'clock on the evening of the 25th. He left his "affairs respecting the lawsuit in a very unsatisfactory state."
Extract from Mr. Kingsmill's letter to Mr. Hoey,
dated 4th November, 1863.
"Your appeal case against Kempuor was reheard. Not having any in- "structions as to continuing Mr. Pollard as counsel, indeed not having funds "I had to leave him out, and appear alone. I enclose my bill of costs and "shall be glad of a settlement. In Kempner's action against you I have to express my disappointment at your leaving without the slightest acknowledge- ments of my letters, &c., sent to you in the course of Saturday evening April "25th. It seemed to affect you very little whether I had rendered myself per-
44
C
"for
sonally liable to the plaintiff. By mere chance I was free, but a demand was "made on me personnally on the next Monday. On Monday 27th April the day after you left Judgment was signed against you. Without funds, de- serted, and but sparely instructed I might have lain on my oars, but I acted
you, and set aside the Judgment. Again they signed Judgment in de "fault of plea and again I set it aside. The action is now ready for trial if the "witnesses were here. I have been at an outlay of costs in this matter and "should be glad to know if I am to continue to act for you in it. If so please let me have some money on account. The bill of costs up to the present amounts to over six hundred dollars.”
<f
Extract from Mr. Hoey's letter to Mr. Kingsmill of 5th
November, 1863, in reply→→
"As regards the bill of costs you sent me, I must tell you at once that I "will not pay it well knowing that you have no right to send me any such bill. "After you returned me all my papers and account current I wrote you to know "if I was in any way indebted you. You then sent me a staggering bill of "costs, and stated that the Judge had told you I must lose the appeal. When "I gave you the cheque on Messrs Fletcher & Co. for $1,068 you received it "with the full understanding that you were to take no further steps in the ap- peal case. It is painful to me, to have to write in this manner to one in
19
"whom I had placed so much confidence, and I trust you will not be the means "of causing me to resort to litigation.”
Extract from Mr. Kingsmill's to Mr. Hoey, dated 16th December, 1863.
"The proposal of your letter of yesterday date is one I cannot accept. "Were I to accept it I should not only render myself liable to be disbanded, "but I should render myself liable to the penalties which follow champerty "and maintenance. When I spoke to the Bishop about your case, I said that were they to go to trial as they are they must lose. The Bishop suggested "the idea of a compromise--and taking the Message from him—not in any "way on yours or my responsibility, I asked Mr. Owen could the case be com- promised, his reply was certainly not. And he also stated that he expected "esch day to see Kempner here as he had sent for him."
*
EX