The morning call., 1894-10-24
MONEY AT. LAST.
Florence Blythe Awarded
Distribution.
Few Moves Left to the Knights and
Castles of the Great Probate
Court Chess Game.

Judge COffey made one more order in
the interminable Blythe case yesterday,
an order which he deyOutly hopes will re-
lieve him OF the responsibility of the case
forevermore. He has granted the petition
of Florence Blythe Hinckley for the dis
tributon of the estate in her favor.
1t has been a hard-fought battle, but
after q litigation lasting over ten years
the end seems near. 1t was but a tame
fight that The opposing lawyers made to
this petition for distribution. They all
thought they had show to delay matters
for awhile; but the action of Judge Coifey
the other day in deciding that two of the
litigants, the Kentucky Blythes aud the
Blythe Company. had no standing in
court. showed that even the long-suffering
Probate Judge was losing patience, aud.
consequently, would allow DO more time
to be lost. The claim OF Mrs. Sarah Davis.
one of the Savage heirs and new litigant,
was recognized in the argument upon the
petition for distribution, as was the voice
of Alice Edith Blythe, the alleged widow,
who has still an appeal pending before the
Supreme Court from an order denying
motion for a new trial. These claims
were opposed by an array nf lawyers
representing Florence Blythe Hinckley,
after which the matter was submitted
Judge Cotfey promising 10 render de-
cision first thing yesterday morning.
This he did, and, as was expected. in
favor of Florence. In granting her petit
ton Tor distribution of the estate, his
Honor spoke in the following terms:
Il am OF the opinion that the judgment
admitted in evidence on the part OF al pl'-
cant is final and conclusive upon this court
IN this proceeding, and that it does ipso
fact0 esta abllsh the right of the petitioner
to distribution. 1t is urged s,reDuously
that the application is, as a matter of law,
premature, because of the pendency of an
appeal by one If the opponents from an
order denying motion for new trial.
But this does not alter the character of
the judgment in evidence. 1t is final, and
the Supreme Court has held that a motion
fer new trial, in the absence of an order
OF the court 10 that effect, does not stay
nor suspend the operation of a final iudg-
ment in the cause. Harris VS.. Bamhart.
81 CAL, SOL.
THAT this view may lead TO an awk
ward and inconvenient result may be con-
ceded; and If this court were clear that its
discretion might be exercised TO prevent
such possible complication it might we'll
hesitate 10 say that ii will be judicialiy
discreet TO give to the applicant tnIs estate
pending the appeal of Alice Edith Blythe
from the order denying a new trial; but it
Is not clear that this application may be
denied or defended in the judicial dlscre-
ton. The party in whose favor the judg-
ment is Dtered is entitled TO its enforce
ment Immediately and cannot be deprived
of his right or delayed in its exercise by
any mere act of the opposite party.
with the motive of either party this
court can have no concern. Ii may be, OIL
the part of the applicant. TO have two con-
verglDg lines of litigation meet, if the ap-
peal of Alice Edith Blythe end in an
afhrmance OF the Judgment of this court,
or IL might be, on the part of the opponent
by his motion, so to Obstruct the course
and curren: of justice that all the benefits
and fruits of the judgment might thereby
become lost to the petitioner. Whatever
the motion OF either, worthy or base. this
court can only deal with the record which
establishes the right of the applicant.
whose prayer is granted"
The whole army of lawyers, victors and
yanquisbed, filed slowly out of the court
room after the rendering of the decision
The only one of the vanQuished who did
not lose hope was Burke Hoiladay, who.
with bis father. has been fighting the
claims of the Kentucky Blytbes. Holla-
day rushed over to the Supreme Court at
once and filed an application for a writ of
certlorari, to decide whether or not Judge
Coffey had jurisdiction in the matter.
The matter Is sure to come before the
Supreme Court before being finally dis
posed of.
Meanwhile. findings in the case are to be
settled tomorrow In open court, and then
will be decided how much or how little of
the property left by Thomas H. Blythe ia
to be distributed under this latest order of
the court.