The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-12-02
JUDGE COFFEY. SPEAKS.
He Says He Never Ordered a Dollar
Out of the Estate

Judge Cofey, when seen yesterday in re-
gard TO the decision of the Supreme Court,
said that being the Judge who decided the
case. and representing the court which
might yet be called upon 10 make other de-
| cisions, he did not feel justified in express
| ing any yiews on the subject, as he did not
| like TO discuss outside Of court for publica-
ton. Still he could not help being compli-
mented by decision of the Supreme Court,
which not only sustained him in all his rul-
ings in the case, but even went further than
he did in favor of Florence.
AS he had decided against all other claim
ants and in favor of Florence as the only
heir, he did not see how he could hold
otherwise than that the case was over, prac-
ticaily at n end
The Judge said that all claimants would
do we'll to bear in mind the decision he
made on March il, $780, in which he said
III the controversy as to the helrship in
the Blythe case should terminate in favor
OF any OF the parties that have entered an
appeara nee il will be conclusive as TO ali the
others. but in the possible event that the
court decides that no one OF them has estab-
llshed case the State may claim escheat
| and IL may or it may not be shown that
there is an extant heir who has not ap-
peared in this action. But all who have
appeared must abide by the determination
OF the controversy.
Further. Judge Coffey would not 20 into
the case or give any views as to the status
oil the case for publication. In regard to the
natter OF appeals be said il was the priyi-
lege OF every American citizen 10 appeal
from everything.
speaking of a probable appeal 10 the
United States Supreme Court he said this
could Dot possibly be done, as there was no
question involved which came within the
jurisdiction of the Federal courts.
There was one false Impression which
had gone abroad which Judge Coffey said
he would like to correct, and that was that
lie had ordered large fees from the estate
distributed 10 counsel in tile case, partIcu-
larry the $4,000 fee which was given TO
John A. Wright, the attorney for the first
Public Administrator or the estate, Philip
Roach.
Il have never ordered one dollar OF this
estate distributed 10 any one," said Judge
Cofey emphatically. The funds were ever
Kept Intact by me. and were never dis
turned by any order OF mine. The lawyers
I'D the case made a hard fight and argued
long before me that some of the funds of
the estate should be set aside for counsel 70
represent absent heirs. IL that were done,
why, attorneys could have swarmed into
the court and represented the whole world,
eating up the entire estate In day |
made an order denying that any counsel
representing any of the claimants should
receive cent. for they were simply a lot oil
private persons making the fights OF private
parties who should pay their expenses out
OF Their own pockets. like in all other
private contests. There should be no
change in this equitable rule because the
estate was vast.
'Eyen In the case Of Wright, who repre-
scented the Administrator, / refused to
touch the funds of the estate