The morning call., 1890-06-28
CLOSED AT LAST.
Judge COffey's Decision Awaited
Now in the Blythe Case.

II. E. Highton concluded his argument
for the widow in the Blythe contest yester-
| day, contending that her conduct at the
time of Blythe's death and Immediately
subsequent thereto showed love. affection,
respect, delicacy. elegance, refinement and
everything that would establish their rela-
tions to be marital and not meretricious.
All attacks, insinuations ami innuendos
have failed to reveal the least stain upon
her honor or faint upon her reputation, not
outstanding the hard lines in which her
life was cast. Taking another view of the
| case. Mr.. Highton said man could not live
intimately with q woman tor five years
the best years of her life-and arrange mat
tiers SO that after his death she shall be
relegated to the condition of mistress The
law does no. admit this. Blythe's declara-
tiOns that he was married to Mrs. Blythe
are worth hundred statements that he was
not welded.
MIR. HightOn, in conclusion, expressed a
hope that the widow would not be deprived
of her share of the estate, or he allowed to
90 forth penniless ana branded as mis-
| tress, after proving herself to have been a
! faithful and loving wife for five years 10 the
| decedent. The antecedents Of Blythe and
| his widow were Of a character to preclude
| the probability Of no marriage. Every pre-
| sumption that can be legally entertained is
! in favor Of marriage contract, followed by
! an assumption of marital obligations.
Any secrecy has been accounted for.
| Blythe could not seduce Mrs. Blythe into
| belief of marriage and then avoid her legal
| claim upon him. Mrs. Blythe never en-
tered into a conspiracy against Florence
and there is no proof OF will or an adop-
| ton paper. All these statements have
been proved" Mr.. Highton asserted, and
| the case resolves itself into the question,
! Wife or mistress, which"
! Judge Coffey then remarked that he eX-
| pected suggestions upon the manner OF
| findings in the case.
DR.. Taylor suggested a decision upon
which one Of the collateral claimants is the
heir, even If judgment be given for the
widow or Florence.
S. w. Holiday wished for simple mega
tive, arguing il would cover the whole
ground.
Judge C0ffey then stated that he had
originally intended to give his decision at
the termination OF the evidence, but in con-
sideration Of the elaborate arguments pre-
pared and delivered he had concluded to
examine the pleadings and would write his
| opinion. He said his Intention was to
| settle in his mind if the paternity Of the
| plaintiff, Florence, was plenarily estaD-
| lished. even by prepOnderance of evidence,
then he will consider the claims of the
| collateral claimants, following with dis
| position of the validity OF the marriage
contract, and ending with the discovery Of
| the next of kin.
The trial now ended of the Blythe case
commenced on the 18th Of July, 1889. There
| were 20S witnesses examined and deposit
| tiOnS read of 139 other persons. The argu-
| ment of the case was opened on the 10th of
| last April. and the counsel participating
have been as follows: For the plaintiff, the
child Florence, W. w. Foote, John II.
Boalt and w. ii. II. Hart for the Williams
heirs of Liverpool, E. r, Taylor, w. S.
| GoOdfell0w; for James Witt Pearce, Ramon
E. Wilson; for the 81 ythe Company, Ii. p.
McKoon and G. w. Towle; for the gypsy
Blythes, E. Burke Holiday and 5: ".
| Holiday, for the London Savages, l.. Z.
| Buckley; for William and David Savage,
! NJ Waldheimer and I. J. Lyons; for Alice
Edith, the alleged widow, Z. d. Wheeler
ana Henry Z. Highton. Selden 5. and
George l. Wright submitted the claim of
the Seotch-Irish Savsges without argument
Seven years ago the Blythe estate was
| appraised at little over 100000. A
mortgage of 100000 held by Nicholas
| Luning, was transferred to Mrs. Abby NJ.
| PARROT, and is now reduced to $4,000. The
estate is now valued at about $4,000, 000