In re the Disbarment of Moore

Thornton, J. The accusation against Moore contains four charges:— •

1. That about the eleventh day of October, 1886, one Ezra F. Denison paid to said defendant the sum of sixty-five dollars to procure a searcher to search the records and files of the county clerk’s office of the city and county of San Francisco, and to have an abstract made of the suits pending against said Denison in the various courts of said city and county; that said search and abstract [360]were never made, and said sixty-five dollars was never returned or repaid to said Denison in any way.

2. That about the 13th of October, 1886, said defendant was requested and authorized by said relator to collect the sum of ninety dollars from said Denison as an attorney -fee for professional services rendered by said relator, and it was then and there agreed that said defendant should have thirty (30) dollars from your relator for collecting the said ninety (90) dollars from said Denison; that about the 20th of October, 1886, said defendant collected said ninety dollars and kept the sixty dollars, the balance belonging to your relator, and still keeps and detains all of the same without just cause after de■mand.

3. That said defendant obtained the further sum of sixty dollars from said Denison about the twenty-fifth day of October, 1886, to procure dismissals of said cases pending against said Denison in said city and county, and that said cases .and suits were not and are not now dismissed.

4. That said defendant obtained the further sum of $150 from said Denison to procure dismissals of the cases of Burke, Bourne, Forbes, Treadwell, Warrington, and Gray against Denison, and agreed in writing to repay said sum of $150 to said Denison, in case said actions were not dismissed, and said actions were not and are not now dismissed, and the sum last aforesaid has not been repaid, and said defendant still keeps and withholds said sum of $150 after demand.

It is further averred that at all times referred to in the accusation, the defendant was an attorney and counselor at law of this court, having been duly admitted to practice herein.

As to the first charge, the abstract was in fact made by one Peterson, at the procurement of Moore. The sum of sixty-five dollars was received by defendant pay a searcher for this service, a portion of which, [361]