298 INVESTIGATION" OF THE FUK-SEAL INDUSTRY OF ALASKA. 



As there are two classes of claims, one for sealing and one for whaling, I have the 

 honor to request that the expenses and fees of the sealing expert be charged to the 

 claimants in the sealing case. 



I have further the honor to request that $1,000 be paid to the Hon. Hertt H. H. D. 

 Peirce for his unusual expenses up to date, and during his journey as an advance 

 upon the contingent fee which will be due him from the award, and that the same 

 be deducted from the award of the James Hamilton Lewis when paid. 

 I have the honor to be, sir, very respectfully, yours, 



(Signed) Geo. R. Tingle, 



Attorney for the owners, officers, and crew 



of the James Hamilton Lewis. 

 To the Hon. John Hay, Secretary of State. 



The committee can find no exact record of the full compensation 

 which Dr. Townsend received for his " expenses and fees" as paid 

 to him by Liebes, agreeably to the above understanding. 



When Liebes was interrogated (see pp. 894-895, Hearing No. 13) 

 he said : 



The Chairman. Now, here is something that I did not ask Mr. Liebes. In the 

 case of the damages of the James Hamilton Lewis, did you settle with Tingle and 

 Peirce individually? And how with 0. H. Townsend? 



Mr. Liebes. I settled with the parties that had any claims, but who they were 

 I do not know. It was settled through my attorneys in San Francisco. 



The Chairman. This is a question by Mr. Elliott. Mr. Peirce said, on page 785, 

 that Tingle paid him 1 per cent, that to ' ' somebody else 5 per cent, " or " 2 \ per cant, '* 

 that that was the equalization of the attorneys' fee which was deducted from the 

 award made for the James Hamilton Lewis, which you received in the James Hamilton 

 Lewis case? How was that? 



Mr. Liebes. I can not recall the circumstances. 



The Chairman. Now, here is a question that Mr. Elliott does not ask. Do you 

 know that the attorneys received 25 per cent? 



Mr. Liebes. I don't know that. 



The Chairman. I mean Tingle and Peirce and somebody else. Now, Peirce says 

 he received 10 per cent and that Tingle told him that he would have to pay 5 per 

 cent or 2i per cent to somabody else, and that would even it up finally between him 

 and Peirce. Do you know anything about that? 



Mr. Liebes. No, sir. 



The testimony declares that no other parties except Tingle, Peirce, 

 and Townsend appear as attorneys or "experts" in making up and 

 presenting this fraudulent claim of the James Hamilton Lewis at 

 The Hague, June 27-July 4, 1902; and no hint, even, of any other 

 party, or parties, is recorded, save Liebes. who as Tingle's "client" 

 and the "owner" of the sa ; d vessel and "claim'' is held responsible 

 for the division of this award of S50,000, which he makes as such, on 

 April 24, 1903, between Tingle, Townsend, Peirce, and himself. 

 (See p. S61, Hearing Xo. 13; .and p. 785, Hearing No. 12.) 



This sum of the award was paid to Tingle and Liebes b}" the Sec- 

 retary of the Treasury; and the State Department "memorandum" 

 of the payments shows that Tingle divided SI 3, 049 between Peirce, 

 Townsend, and himself as "fees." Peirce affirms that division by 

 Tingle, on page 785, Hearing Xo. 12. Townsend denies it. The 

 official record shows that Tingle did make that division, as Peirce 

 swears. (See p. S61, Hearing Xo. 13; p. 785, Hearing No. 12.) 



