Daily Alta California, Volume 9, Number 146, 14 September 1857 — Page 2 Advertisements Column 2 [ADVERTISEMENT]

TO TUB PUBLIC. jar An article having appeared in the liailf ilurmng Call, of the 13th instant, beaded, •< The Cue of Bein and Lit Attorneys," in which' the niter undertakia to relate a conversation he had with Bein in the cell of hit prison, and in which it is attempted to Implicate me as baring been guily of having obtained moiuy from Bein unfairly, etc., 1 deem it my duty to the honorable profession of which 1 aui a member, as well as the public in general, to state that everything represented as having been stated by Beta to the writer, in my presence or hearing, is false, except the fact that he did employ Mr. Zabriskie and myself as his counsel, and that 1 nad au order for some money, and not the amount stated. Among the numerous grievances alleged, is that Mr. Bein is left penniless. This is not true, as a nutter of fact. He holds numerous mortgages, is the owner of a large amount of real estate, in addition, in this city, and he holds certificates of deposits to a large amount; and I am credibly informed that his property is of the value of *S»,000 or (30,000 over and above all his debts, aside ftoin the fee which he paid me. The facts are, briefly, at follows : Mr. ZabrtsUe came to mf house in the evening, and stated that he desired me to go to the city jail, to see a person charged with crime ; that it was an important case, and he detired some person associated with him. We went to the prinon, and alter being put in poitsea•ion of the character of the ease by Bein, 1 stated to him (Bein) that my business was principally civil business, and tun I seldom engaged in criminal cases, and that, from the character of his cue, supposing (at 1 did at the time) that it would be necessary, upon tne trial of the same, to go into a full and general investigation of all the affairs of the Mint, for the last two or three years, that 1 would not undertake to defend him, unless he was prepared to pay me a large fee. Bein then sa<d that he bad plenty of property and certificates of deposit, and between (8,000 and (D.OUU deposited with It. Davidson ■ Co., and asked me how much my fee would be. 1 told him I would not touch his case for less than a cash fee el 0,000. He t nought Bret it wu high, but finally agreed to pay it by a check on his banker, (v he said,) Davidson Jt Co. We then closed the barf tin, and Mr. ZibriaUe lUted that he should require a fee to be secured, and he and Mr. Zabriskie agreed that Zabriskie should hsve on his fee (the amount of which wu not then settled) $i,OOO, out of the money he then had at Davidson's, lie theu gave Mr. Zabriskie and myself checks accordingly— myself a check for $3,000, Mr. Z. one for (2,1iu0. 1 then advised Mr. Bein not to converse with any person except his counsel abuut the case, but never advised him or told him not to see his friends, but told him whoever called to see him, friend or foe, not to talk with them about the merits of his ease, and stated to him at the same time that auy person with whom he talked, (excep; his counsel) eoulil be a witness to prove what be said, and that if be undertook to state the facts, be might not state 03, and the recollection of parties v to what he did state might be incorrect, etc. Ihe next morning, about ten o'clock, I presented my check to B. Davidson fc Co-s Bank, and they stated" to me that Bein had no bank account with them, but that he had a tin trunk deposited there. In about one hour after I called on Mr. Bein, and stated to him what wu told me at the bank, and he then said that he had between eight and nine thousand do] lare in a box in the bank, and would give me an order, for the box, out of which I should take the amount of the cheeks, and let Mr. Zibriskie ktep the balance. I drew the order in the pit- wore of the Chief of Police, and he (Bein) signed it, and told the Chicfto deliver the same to ilc. Chief Curtis accompanied me to Davidson's Bank, and there in the presence and with the assistance of some person in the Bank and on the counter, eounjed the money, and it contained (t,oUs,ilutead of (B,UOO or (V,OUO, as stated by Bein— consequently there was nut the amount he nad agreed to pay. This is the only money or property of Bein's that ever time to my bands, except nis title deeds and private papers, which he had left with Mr. Zabriskie for safe keeping, and which Mr. Zabliskie delivered to n>s> on Kriuay last, to deliver to Mr McMiuo, who holds a powerof attorney from Horn, which I did for Mr. Zabriskie, it being the first time 1 ever saw them or .knew their contents. Mr. Bein never in my presence or hearing stated that he wished to see Mr. UUlespic or MeMinn, or any other person. If he had I should have made it my business to have found them at once. It is true that Mr. Baker, a few days before the ease was tried, did present to me an order purporting to be signed by Bein for (1000, which 1 refused to pay, for the reason, v I then stated to CoL Baker, that 1 bad no funds of Bein's in my'hands. It is false that Mr. Bein has sent for me since his conviction, but, on the contrary, I consulted fully with Mr. McMinn in regard to what steps I had better take in the matter, and alter I had procures) a slay of sentence, for the purpose of moving in arrest of judgment, etc, which motion 1 intended to have made, Mr. McMinn told me that Bein did not decide anything further done in the premises ; but, notwithstanding that, 1 did subsequent*) i> make a motion before the Court lo ascertain whether there was a division of opinion between the Judges upon the trial — upon any of the questions decided upon the tiial. As to the manner in which 1 defended Mr. Bein, or my neglect of his ease, I refer the public to the Court and Jury before whom it wu tried. The article states several matters in regard to police officers, etc. This 1 have never heard of ur suspected ; and it is all alleged to have occurred before I wu employed, and I am satisfied it is as false v all the other matters which are said to have been staled by Bein. It it is true, it tut been kept a secret from me ; and from my knowledge and acquaintance with Mr. Zabriskie, 1 am satisfied he never wu guilty of any such act. I also claim it due to myself to say, that the writer of the article alluded to never spoke to me upon the «übject, and I think injustice to myself, he should at leut before making so serious a charge against any individual, and that, too, through the public prints, have undertaken to have ueertained the truth of what he was about to publish, or have heard both sides cf the ques tion This not having been done, lam led to the irre sistible.coneluiion, that the publication was made from malicious motives, and through the agency of some per son disconnected with the Murning Call, intending to injure me in my profession, cf which 1 fully exonerate Mr. MeMinn. And I further state, that Mr. McMinn stated to me on the day that the trial wu commenced for the first time, that he was Mr. Bein's attorney in fact, and agent, and that from that day until Friday last, I saw Mr. MeMinn every day, and conversed with him about Bein's ease, and until I'riday hut, 1 never heard from any source that Mr. Brin chained any of the money that I had received, when Mr. Mr Minn made a j'jrm.tl danmd of me of the moneys I had received v such fee, etc. I then stated to Hr.'McM inn the circumstances as herein detailed, and he expressed himself of the belief of all I said, but said he would leave the matter to three gentlemen to decide, which offer I readily accepted, and Mr. McMinn left me with that understanding. I also stated to Mr. McMinn that I would accompany him to the jail, and th at Mr. Bein would not, in my presence, deny the agreement. The writer also says that Mr. Bein is left penniless. I am informed, but cannot vouch fur the fact, that his real estate and mortgafre securities in this city, as before stated, are worth (20,000 or $30,0110— also certificates of deposit at the New York and Philadelphia Mints, to quite a large amount. These mortgages, deeds and certificates I taw at the time I passed them over to Mr. McMinn, on Friday last, which Mr. McMinn, if called upon, will state himself to be the truth, and Mr. Bein having stated to the writer, as he says, that he was left penniless, proves to be absolutely false, and if he was willing to pervert a fact which could be so readily established, no reliance can be placed upon any statement he made to the writer of that article, which also strongly confirms what I have already said— that said article wu maliciously published. ELISIIA COOK. September 13th, 1857. WHITING, GOODMAN ; ft CO., 01 tPr»mt mtrert, OKKKHTO CITT ASD COUSTRV DEALers, a new and complete assortment of WINES AND LIUUOBS,in quantities to suit, and at low prices: American Brandy, in Jf ,.','. X tad 1-11 pipes ; HonogaheU Whiskey, la bbls, hf bbls and kegs i Old Bonbon do do do do: Old Bye Whiskey, In 10-gall kegs ; Cherry Brandy, in casks and kegs ; Jersey Peach Brandy, in barrels and kegs j New England Bum in barrels ■ Holland Gin. in pipes, X pipes, bbls and ken 1 Port Bh.rry and Madeira Wines, W wood and gUss ; Old Tom Oln. in puncheons and smaller packages : Scotch Whiskey, do do do : Jamaica Bum do do do; Oporto and Mi Ufa Wine, In wood and glut. ttt4 COPARNTNERSHIP. fVUIK CRDUSIOSKD lIAVK TIIIS'DAY JsL associated themselves under tne name and stvla of WHirmo, GOODMAN t CO., fee the tranV.JSonof ol an Importing and Jobbing Business, exclusively in Foreign and DasM- tie Win., aad Liquors, and nave taken .tore Mo. 81 Front street. M. t. WHITING, ' * * - J JAMES 11. GOODMAN. Baa Franciico, Bept. 7th. 1857. „14 REMOVAL. THK CITTt ACHDHT HAS BBRX U.KMOVBD from Stevenson street to a lot near the BOOTH WEST COBWEB OF THIRD AMD BBAMMAM STREETS, and now possesses advantages not equalled by any in the State fordoing Hotel, Restaurant and Steamboat Washing la a superior manner and with dispatch. Gentlemen's and Family Wuhing done in thebist manner. ' ■*.- JOSEPH P. HALL. •111-la . JAMES LAIDLET. HiEFaif~iq r x'i7T ~~" burgundy-Tort wine. 30 tJXARTsr.iI CASK* , i i. ' . II KIGIITII CASKS. JOt fine quality. How landing, and for talc by < . . . , JOIINBAULHIER&.CO., »«'« » ' 111 Front ttxtet FIKB BRASDIKS-OTAKD, DUPUY * Co., Saurae, JuVts Bobln, Marett, PeUevclsin.Seig nette, Champagne, Cognac, and other brands of fine and medium qualities. For sal*, In quantities to suit by - I WHITING, GOODMAN t CO, '..' — '* j- ■-. » ;.- :.■! ..- ■■-.•. T . tl Front street. . <mt\W\9'.> . Brands; ,'■:;■.,* -U"-"i.J 208 eases Schiedam Scbnsppl— various brands ; 500 eases Claret, Bauterne, Sherry, Port * Muscat wine; SOD cases assorted Liquors. Sirup, Cordials, Bitten, fee! . For tale in qdantlUe. to tuit by - , - «.. nn i WHITING, GOODMAN kCO , J -« ' - sell _.;■ .■>. „r's, r - v «f , tJ ,». treat street. , iooo ■^Rff,?"*-* 1 * nm ,< .* H - WUITINO, GOODMAN It CO., * nil----' . ■■ ' '■;.-.■; •■■/?■: M Front street. ; XTRA 80. I MACKsUUEIr-NKW CATCH) §o half bbls Mackerel ; ■ ~ ■•• ' j Jut received ex ship Dutchman, and for sale by ; ♦ „ „.,., picitETTfcco., ,: teH7 ....,...;... ..,...-.i,,. ;,- il Front street. WILL FEBb OBBITIiT OBLIOKD TO anybody who will (Ira the nam. of the contemptible puppy who tacked a card (with witty remark! on It,) to the bust of M 'Ue Fitros, at the Mechanic* ■ fair, during Saturday. ■■ --*.»»»,«*<»>«»■«-!,,. »•< - .••• .■»„.. »«m :, .* --■■■-.<■■.„ «•?*< r. m kzxaba. i ATTM BO>» WASTaKD-roB. WHiCB a good pries will be given. Apply to BOND k BALE, Hit - - Wt*d»Ha»so»t street.