The morning call., 1894-04-11
FOUGHT in COURT.
An Encounter Between
Two Legal Lights.
THE LIE TWICE EXCHANGED.
Lawyers Mckinstry and Delmas
the Combatants.
THE LIE TWICE EXCHANGED.
SEPARATED WITH DIFFICULTY.
Counsel Argue With Their Fists in
the Barron Will Case Before
an Indignant Judge.

terday between two Of the most noted
members of the San Francisco bar fur
nishsd racy topic in the Pacific Union
Club last night
The attorneys involved were E. w. Nc
Klnstry. "a noted jurst, who has been
Chief Justice of the Supreme Court of the
State, and d. NJ. Delmas, who has achieved
reputation bv his opposition to the
Southern Pacific Railroad IN many damage
suits. 1t was Delmas who induced Gov
ernor Stoneman to call an extra session of
the Legislature in reference to railroad
taxation.
+, Neither of the combatants can allege the
lire OF youth in extenuation of their fstic
contest. Delmas has passed the half
century mark. while McKinstry is three
score years and ten. Both are dignified in
demeanor.
The Superior Court of Santa Clara
County was the scene of the encounter.
which occurred while Judge w. E. Lorigan
occupied the bench. There was an angry
dispute, the lie was exchanged. the elder
lawyer aimed several blows at the younger,
there was locked struggle and the two
men were with difficulty separated by the
ballff Of the court, aided by Attorney M.
c. Hassett and other barristers present.
This painful episode was the finale of
the first scene in the Barron will contest,
outlined In yesterdays CALL. Delmas
and Hassett were of counsel for the con-
testant George E. Barron. while McKin-
stry represented the defendant, Mrs. Eva
Rose Barron. The motion of the con-
testant to reduce the family allowance
frnn fo C1 hnf
Lorlgau yesterday.
Mrs. Barron was examined at length by
Attorney Hassett as to her expenditures.
In her estimates of her no cessary expenses
for the next seven months she stated that
she required two dresses for herself every
thirty days, at a cost varying from S75 10
S125. She said she would require $500
month to defray her bills for hats and
cloaks and 500 month for general dry
goods.
The rent, of her house at 1921 Sutter
street is $500 month, and she stated that
to take care Of her establishment necessi-
tated the labor of thirteen servants, whose
monthly wages aggregated S532. The
household consumes S75 worth of meat
month and eats up $40 in poultry. To
maintain the house and provide the family
of three children with the necessaries of
life costs $4,000 month.
Even the young children are acquiring
tastes which no nggardly income can
crafty. The boy, Edward f. Barron,
aged II, needs twelve suits of clothes
year, each suit costing $40. His tuition
bills amount to $50 month, and $50 is
needed to maintain bis present appearance
and pleasures.
His sister, Marguerite, who Is 9 years
old. also requires $50 expense each month.
Little Eva. who is only 8, is the most eco
nomicaI member of the family, needs a
personal expenditure of only $50 every
thirty days. On this showing Judge Lori
gan reduced the family allowance from
$4,000 to $2S00 month.
After the allowance had been made ex-
Justice McKinstry called the attention of
the court to an article published in morn
ing paper regarding the Barron contest,
characteriZng the article as composed of
villainous lies and stigmatiZing those who
had uttered the statements as vllainous
liars. He said their publication was de-
signed TO influence the jury in the contest
Attorney Delmas replied to the vener-
able counsel. remarking that one Of ex-
Judge McKinstry's age, experience and
erudition knew better than to bring into
court matters which had no place in
its proceedings. He said that the at
torney for the defendant had no right to
attack those connected with the con utestant
in that covert manner. He demanded that
MeKlnstry should name those whom he
denounced as liars.
The older attorney repeated his former
charge, but disclaimed a reference to the
opposing counsel.
Delmas again demanded tho names of
his opponents liars.
mo one connected with this case has
uttered falsehoOd." said Delmas in tones
of thunder.
Il hurl back the accusation of counsel
as itself lie!''
At this McKinstry. who was separated
from his opponent by half the circumfer-
ance of a round table. rushed toward Del
mas with clenched fist and aimed a blow
at his adversary. Delmas assumed de-
fensive attitude and also put up his fists.
McKinstry struck at Delmas again, but
the latter lodged and the blow alighted
on his arm.
Then the two attorneys clinched and
wild struggle followed. The bailiff of the
court grasped McKinstry around the waist
and Attorney Hassett seized his associate.
Delmas. With difficulty the two furious
lawyers were separated, Judge Lorigan
calling sternly for order and pounding
vigorously on the bench to make himself
heard.
When quiet was restored the court said
he had never witnessed such disgra ceful
proceeding. He was amazed that such an
old practitioner as Judge McKinstry
should be guilty of such misconduct. For
such a breach of decorum he said that he
should fine the ex-Justice 500.
Thereupon, Attorney Delmas, his hair
ruffied and his clothes crumpled. arose.
and'in snave tones acknowledged that he,
TOO. had been somewhat hasty. He paid
high tribute 10 the learning and standing
OF Judge McKinstry, with whom he said
be deaired TO retain his long friendship.
Then he asked the court to remit the fine.
and after some consideration Judge Lori
gan forgave the penalty.
The citation for the further hearing of
the case has been set for May IA, until
which date no further hostilities are likely
to occur.