The morning call., 1893-09-08
WANTED TO FIGHT
Lively Dispute Over the
Goodale Estate.
ACCUSATIONS OF LACHES.
The Quiet of Judge Coffey'S Court
Room Nearly EnIivened by
Fistic Encounter.

pretty little scene was enacted in
Judge Coffey's courtroom yesterday be-
tween attorneys engaged in the legal
sauabble over the estate OF David Goodale,
deceased.
The history of the case is as follows:
Goodale died in May, 1881. leaving a widow
and seven children, and as he died in
testate letters of administration were
granted to j. w. Bachelor The admin
istrator discovered, on looking into the
affairs OF deceased, that the estate fell
short Of expectations by considerable
amount of money. and it was not until
some time after that it was disclosed that
Mrs GoOdale was indebted 10 her late
husbands estate in very considerable
sum of money.
1t appears that Goodale had transferred
into his wife's name a large amount of
real property. worth about $40 600, and
personal prupertv of the value of $1,000
This money had been Squandered by the
wife, and when called upon TO give an ac-
cOuuL OF it she was unable to do so. A
suit was filed by Bachelor against the
widow. who, having married again, is now
Mrs. Stouder, and judgment was obtained
against her for S44, 265. This judgment
has never been satisfied, and since then
Mrs. Stouder has gone through the insolV-
ency court.
Bacnelder died. AMI early in the present
wear Mrs. StOuder, rs neXt nT kin, applied
for letters OF administering. The hear
ing of the petition was fixed for February
Z, and from that date continued to Febru-
arY II. But In the meantime Attorney
OsmeDt came into court and got the case
pat down in the calendar for February TO-
on which day letters of administration
were granted TO Mrs. St0uder, no attorneys
being present to oppose the application.
Although letters were granted as prayed
for, yet DO order was applied for nor were
any bonds fled, and some months after
ward Public Administrator Freesp noting
that the estate was without a qualified ad-
mIniStratOT, applied i'll person for special
letters of administration. The case came
up Angus %, aud was continued to Sep
tember .. Wien 1t was again continued for
one day.
Oa September Attorney Osment ap-
peared before Judge Cotfey and. turning
10 the records of the cOur;, showed that
letters Of administration had been granted
10 Mrs. Stouder early in February, at the
same time asking that these be confirmed.
Judge COtfay was about TO make the nee
eSSary order, but was restrained by the
objections of counsel for the Public Ad-
ministTator.
Yesterday the matter came I'D in court
numerous attorneys being present. 1t was
cnDteDded on behalf of the Public Admin
lStrator that the record granting letters OF
administration to Mrs. Stouder in Fehru-
airy last could not stand, on the ground
that the case had been properly continued
from February to February IA, and that
no proceedings could be taken on an nter-
mediate date without the consent of all
parties. No notice of such proceedings
had been given to any one, and the Public
Administrator had had no chance to con-
test the application.
d
ADMINISTRATOR, said that letters of admin
lstration could not legally be granted to
-Afs. St0uders as there was an dissatisfied
1udg ment IN this very estate standing
against her, on account of which she had
since passed through the insolvency court.
Speaking further OF the petition granted
FeOruary 10, counsel said that Attorney
Plunkett, who represents the minor heirs.
had been guilty of 'laches" in never haV-
lag applied for an order nor having filed a
bond IN accordance with rule. The
granting of the letters, therefore, had
never been made complete.
Plunkett jumped to his feet at this, yerv
angry indeed. and said that mo man
should IN his presence accuse him of
laehes."
Powers repeated the remark, whereupon
Plunkett showed fight, and bloodthirstv
encounter might have resulted had not the
courtroom balllH inierfered and gently but
firmly restored the belligerents to order
Powers said then that he was willing 70
take it all back; but this concession was
most ungraciouslr received by Plunkett,
who grew warlike once more, until again
restrained by the firm hand of Bailiff
Finn.
Judge Coffey showed impatience and
begged of The attorney to proceed with his
case, remarking, II wish you gentlemen
would settle your differences outside"
However, after the recess Powers IN
formed the court that he had concluded to
bow to the older legal authority that car
ried more weight with it IN a court of JUS
tice than mere physical prowess. Argu-
ments were then resumed, and the case
was not concluded when the court rose,