The Division of the Spoil.
“I am sure, if you go to law, you do not consider the appeals, degrees of jurisdiction, the intricate proceedings, the knaveries, the cravings of so many ravenous animals that will prey upon you, villainous harpies, promoters, tipstaves, and the like, none of which but will puff away the clearest right in the world for a bribe. On the other side, the proctor will side with your adversary, and sell your cause for ready money; your advocate shall be gained the same way, and shall not be found when your cause is to be heard. Law is a torment of all torments.”—Otway.
It should be mentioned that, although Mrs. Kilpatrick obtained verdicts in both trials (the first jury awarding her £600, and the second one awarding her £791, with costs in each case), still the money was not paid over. The necessary financial security was lodged by Messrs. Huddart, Parker & Co. in the Supreme Court, Melbourne, and steps taken to have the matter sent to England for decision there by the Privy Council. The hotel bar business, however, had meanwhile given a new turn to the legal kaleidoscope, and the defendants’ lawyers were placed in a pretty awkward position; for they had to face the expenses and risk of a new trial, or compromise the matter in some way. They wisely, no doubt, chose the latter course; and through a neutral friend of theirs I was communicated with, and requested to interview Mrs. Kilpatrick and Mr. Ponting for the purpose of ascertaining how much—or rather, how little—money they would take to settle matters, and stop all law proceedings. Why I was sent for I know not, seeing that I was opposed from the outset to law proceedings on the part of Mrs. Kilpatrick and Mr. Ponting too! Suffice it here to say that I did interview them both, and paved the way for the final settlement, which took place on May 20, 1897. Where the money came from is hard to say, but it is generally believed that Messrs. Huddart, Parker & Co. paid in the case of Mrs. Kilpatrick, and their lawyers paid in the case of Mr. Ponting. In dividing the “spoil,” the winning lawyers must have had a merry scramble, for they carried off more than two-thirds of the whole! The poet, Pope, was not very far wrong when he said, or wrote:—
“There, take, says Justice, take ye each a shell;
We thrive at Westminster on fools like you:
’Twas a fat oyster—live in peace—adieu!”
A little light is thrown on the subject by the following extract from the columns of the Melbourne Herald of June 1, 1897:—
THE “ALERT” LITIGATION.
About the Settlement. The Cost of Law.
The Plaintiff’s Explanations.
On last Saturday week we announced that the actions arising out of the loss of the steamer Alert, near Cape Schanck, some years ago, had at length been settled. The plaintiffs were Mr. Robert Ponting, sole survivor of the wreck, and Mrs. Kilpatrick, widow of one of the engineers. The terms of the settlement were stated to be the payment of sums of £400 to Mrs. Kilpatrick, and £135 to Mr. Ponting, “clear of all legal expenses.” We now find that, though this statement was technically correct, it did not correctly set out the exact result to the plaintiffs. Mr. Ponting writes to us as follows:—
“Sir,—In your issue of last Saturday (May 22nd) there appears a statement setting forth that, when the settlement of the above cases took place, Mrs. Kilpatrick received £400 and Mr. R. Ponting £135, clear of legal expenses.’ This is not correct, and I hope you will kindly grant me space enough to put the real facts of the case before the public. During the process of my law case I paid over to my solicitor and others the sum of £75. This amount, deducted from £135, leaves me with a balance of £60, out of which I am called upon to pay various sums to witnesses left unpaid by the lawyers. With regard to Mrs. Kilpatrick—who, I believe, paid in to her solicitors upwards of £200—she is left with the balance of less than £200, and, like myself, is called upon to pay various witnesses out of it. When we were asked our terms of settlement, Mrs. Kilpatrick and I agreed—and signed documents to that effect—that we would accept £400 and £135 respectively, clear of all legal expenses. Summed up, the whole affair stands thus:—Defendants’ solicitors paid over to ours £1335. This, added to the sum £275, paid in by us (Mrs. Kilpatrick and myself), makes up a total of £1610. Out of the latter amount £535 were paid back to us, and the balance, £1075, went amongst the lawyers. I am not grumbling at the distribution. On the contrary, I feel grateful for the assistance rendered to me. At the same time I think it only fair that, in the eyes of the public, I should not be credited with more money than I really got.
“I am, etc.,
“ROBERT PONTING.
“Barry Street, Carlton,
“May 29th, 1897.”
On inquiry at the office of Mr. Ebsworth, solicitor, who acted for Mr. Ponting throughout the protracted litigation, and for Mrs. Kilpatrick during the recent portion of it, we learn that the figures, as stated by Mr. Ponting, are, approximately correct. It is true that during the course of the proceedings Mr. Ponting had to find about £75 to meet current cost, and that Mrs. Kilpatrick was, during the three years’ litigation, called upon to pay about £200. These sums may be taken as representing the difference in costs between solicitors and client and the taxed costs; and considering the protracted nature of the proceedings, the sums mentioned will be considered very reasonable in the present state of the rules of the Supreme Court regarding costs. That the lawyers received £1075 will not be regarded as surprising, when it is remembered that there were several trials and appeals, extending over three years; and that there were numerous witnesses to be paid out of that sum, in addition to the witnesses’ fees remaining to be paid when the settlement took place. Counsel’s fees would also swallow up a considerable amount. Taken altogether, the case is one that well illustrates the present cost of litigation, and might be advantageously taken into consideration as an object-lesson by the Law Commission when it enters upon its investigations.
And now this strange, eventful history must be brought to a close. I have endeavoured, from first to last, to adhere to proved facts, irrespective of the opinions of friends or foes. Life is, after all, a mixture of sweets and sours, and we have to take these as they come in the shape of praise or blame, as the case may be. No matter what line of writing a man may adopt, it is quite impossible for him to please everybody. This being so, the proper plan, in my estimation, is to carry out Ovid’s advice:—
“In a familiar style your thoughts convey,
And write such things as, present, you would say.”
I began this book by relating Ponting’s wonderful escape from the waves, and I finish it with his, quite as wonderful, escape from the lawyers!
My sincerest wish for him is that he may never again be called upon to battle with either of them.
Farewell!
Printed by Hazell, Watson, & Viney, Ld., London and Aylesbury.
TESTIMONIAL
Given to Mr. Ponting by the People of Melbourne
at the Theatre Royal.
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