Business & Finance: Nothing Personal

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One of the more famed U. S. lawyers is quick-tongued John Francis Neylan, for long William Randolph Hearst's chief attorney and at present counsel for badgered Herbert Fleishhacker, top-flight San Francisco financier & businessman. Lawyer Neylan was not in a happy mood last week. Not only had he and Client Fleishhacker just lost one damage suit in San Francisco (TIME, Dec. 20), but Federal Judge George Cosgrave, hearing another damage suit in Los Angeles, was handing him many an adverse ruling in testimony. Suddenly exasperated Lawyer

Neylan snapped: "It is quite apparent to me that some unfortunate personal attitude on my part irritates your honor. I have attempted to be most respectful.''

Judge Cosgrave: "I am not criticizing Mr. Neylan personally. Apparently we went to different schools and think differently. As it happens, I am the judge."

Lawyer Neylan: "In view of the importance of the issues to my clients, if my personality is offensive to your honor or irritating to the point that apparently it arouses an antagonism on your part. I would be glad to retire from the case."

Judge Cosgrave: "This is the most astonishing statement I have heard. There is nothing personal here. As judge of this court, I merely rule upon questions as they arise."

Judge Cosgrave presently ruled upon the whole question of the suit: Had Herbert Fleishhacker damaged certain Lazard Freres heirs by selling certain oil lands belonging to them in Kern County, Calif, in 1915-17 for too cheap a price? Deciding that the answer was Yes, Judge Cosgrave ordered Herbert Fleishhacker to pay damages of $300,000. He then sent compliments to Lawyer Neylan for his handling of the case. Comparing himself to Emile Zola defending Dreyfus, Lawyer Neylan stormed back: "I am serving notice now on all those behind the present litigation against Mr. Fleishhacker that I am going to bring them into the open and I am going to clear his name if it takes the rest of my professional life. ... I also take this means of communicating to Judge Cosgrave . . . [that] I estimate at less than nothing his compliments. . . ."