A Century-Old Standoff: When Lawyers Needed a Little Earnest Money

“If you people want that case tried again, you will have to put up $200.00 to pay Atty’s fees, i.e. $100.00 to Dillon & Nuckolls, and same amount to our firm.”

Now, pull up a chair and let me show you something I found tucked away. It’s a single sheet of paper from way back in the spring of 1903, sent from the law offices of Payne & Hamilton in Fayetteville, West Virginia. You can almost feel the history when you touch it; the paper has turned a warm, buttery yellow over the last hundred-and-some years, and you can see the deep creases where it was folded and tucked into an envelope long ago. There is even a crisp purple date stamp from April 23rd that still pops against the page, right alongside some beautiful, flowing handwriting in dark ink.

The letter is addressed to a Mr. L. S. Gwinn over in Prince, and it’s a fascinating little glimpse into the business of being a lawyer at the turn of the century. It seems there was a legal matter called the ‘Bowers case’ that was dragging on, and the lawyers were starting to lose their patience. Mr. Payne writes quite plainly that they aren’t moving a muscle for the next trial unless some money is put up first. They were asking for $200—which was quite a sum back then—to be split between two different law firms. They even mention that the trial would take a whole week, pulling them away from other business that might actually pay the bills.

When you look at this letter, you’re looking at a slice of life from a time when West Virginia was bustling with new industry and the legal system was working hard to keep up. It reminds us that even back then, professional relationships had their moments of tension. These lawyers weren’t being mean; they were just being practical, making sure their time and expertise were valued before they committed to another long week in the courtroom.

Today, this old letter serves as a gentle reminder that while our technology changes, human nature stays pretty much the same. We all want to be treated fairly for the work we do, and we all have to have those tough conversations about ‘putting up the money’ every now and again. It’s a small, tangible connection to the folks who walked these hills long before us, dealing with the same kinds of worries and business dealings we face today.

Original Transcription

Payne & Hamilton,
LAW OFFICES.
FAYETTEVILLE, W. VA., APR 23 1903 190_

L. S. Gwinn Esq
Prince, WVa.
Dear Sir:

I have talked with Mr Dillon
in regard to trial of the Bowers case at
next term, and he says unless there is
some money put up, he will not have any
thing more to do with it, and we are of the
same opinion. If you people want that
case tried again, you will have to put
up $200.00 to pay Atty’s fees, i.e. $100.00
to Dillon & Nuckolls, and same amount to
our firm. It takes a week to try the
case, and it takes up time from other busi-
ness, that will pay either of us more money
than that, and all hands have decided not
to try & get the case fixed for trial until
the money is paid over or secured to be paid
by bond, Please let us hear from you at once and
and if fees are arranged, will then try and get
ready for trial, at next term,

Yours truly
Payne & Hamilton