The morning call., 1894-12-18
No Apologies for the Insult to
Justice Harrison.
MAINTAINS HE WAS JUSTIFIED.
A Gree Day in the Supreme Court
in Which the Bar Association
Takes a Hand.

fornia.
Philbrook earned this distinction
through filing a brief in the Supreme
Court recently, in which he made grave
charges against Mr.. Justice Harrison.
True, those charges were not made against
MI Justice Harrison in his official capa-
city, but against Attorney Ralph G. Har-
rlson, Tor acts alleged to have been CON-
mit:ed previous to the famous lawyers
accession to the dignity of the Supreme
bench. The frauds alleged were in con-
nectlon with the dispute over the New
man-Levlnson case, in which Philbrook
was engaged to represent Mrs. and the
Misses Levinson, while Harrison was the
attorney for S. d. Rayeley, executor Of the
will of John Levinson.
But the attack was apparently so open,
so broad IN its terms that il could hardly
be expected to pass unnoticed by the
bench OF which Mr.. Justice Harrison is
so distinguished a member. The other
Justices took up the matter, and. describ-
Ing the terms used by the attorney in his
appellants brief as scandalous and dis
respectful cited PhIlhrook to appear to
show cause why be should not be dis
barred for having violated his oath as an
attorney in falling to uphold the dignity of
the court before which he was admitted to
practice.
Yesterday was the eventual day, and
long before the appointed hour the court
room was filed. There were congregated
most of the leading lawyers OF the city.
Some expressed sympathy with the attor-
ney for his awkward position. some were
quite Indifferent as 10 the result. But all
were keenly interested in the proceedings.
and sat patiently through the entire days
hearing.
Philbrook sat alone, with determined
look on his face and pile of lawbooks in
front of him, evidently prepared to make
the reverse of the aDject apology that was
hined at when first these proceedings
were instituted. A number OF prominent
lawyers ranged themselves alongside of
Puilbrook. also with piles OF lawbOoks in
front of them, but for what purpose did
not transpire until after the proceedings
had opened.
Court convened shortly after 10 o'clock.
The Justices present were Chief Justice
Beatty, Justices de Haven Mcfarland,
Garoutte. Fitzgerald and Van Fleet. The
whole bench was present. with the excep-
ton of Justice Harrison. Chief Justice
Beatty opened the ball by announcing
from the bench the purpose for which
court bad convened.
Attorney Robert I. Hayne then rose and
addressed the court on behalf of the San
Francisco Bar Association. He said that
a meeting had taken place few days pre-
yiously wbereat resolution was adopted
offer lis aid to the Supreme bench 10 order
to see that "the matter was properly pre-
sented." That meant as Duch as to say
that the Bar Association would assist the
Supreme bench in the prosecution OF the
case against Mr.. Philbrook. There were
present in court as representing the assO-
citation Attorneys Robert Y. Havne. W. Il.
Fifield, Davis LouderbacK, w. Fl. Jordan,
A. Comie Jr., Columbus Bartlett and ex-
Justice a. La Rhodes.
Chief Justice Beatty thanked the Bar
Association for the offer of it's services in
what he had TO say In answer 10 the
citation.
81 should like to ask before proceeding
further" SAID Philbrook, seeing that the
Bar Association has come here, and evil
IDENTIFY with the view of aiding in the
poin ted to do this was appointed al the
suggestion of DR.. E. r. Taylor?"
Hayne replied that Mr.. Philbrook might
make his mind easy on that score. DR..
Taylor did not appoint the committee.
DR.. Taylor having been one of the at
torneys concerned In the Levinson case had
declined to have anything to do with the
matter.
"Then l wish to file my answer to this
citation" returned Phiibrook. So saying
he deposited on the clerk table volnm-
nous type-written answer, accompanied
by three bulky volumes, representing the
transcript on appeal and all the briefs in
the case. Then he appeared TO be going to
make a speech.
"You had better read US your answer.
Mr.. Philbrook," quietly remarked Chief
Justice Beatty. Then we shall be r bic to
Judge Of its contents, and see what the
points are that we shall have to decide"
Philbrook resumed: My side of the
case will be presented by myself only, and
/ will state my reasons therefor. In the
II ,. - ~ e.
the court as soon as possible; in the sec
ond place, the time allowed me to make
return was so short That have had no
time to engage counsel and instruct him
sufficiently.
Again. this matter appears to me to be
very simple / realize that l am in very
difficult position. position, in fact. OF
danger, and while do not fear the result
/ would not ask any one to share this posi-
ton with me.
81 regard this proceeding as quasi-crim-
iual. The result. u adverse to me. will be
of q criminal nature, In that l shall be
punished for my offense. 1t might be sup
posed that | may have some feeling In the
matter, some feeling of being wronged. or
of having some anxiety as to the result of
this proceeding. l have neither. This
trouble has come upon me against my
wish, but 1t is not unweicome. nave no
anxiety.
II have no doubt that the first view of
this brief brought shock 10 your H0nors'
minds, The brief itself contains ex-
pesures of a deed that would naturally ap-
pear incredible But have been watch
ing this case for the past three years AID
am so familiar with the facts that judge
other mems minds from my own: Il IS
difficult matter, 1 know, very difficult"
"Mr. PtiIbrook," said Chief Justice
Beatty interrupting, "we do not think that
this is the time for argument or discussion
or for an address to the court. Read your
answer to the citation.
Philbrook took up his answer and
started in on some more preliminary re-
marks. He said that in his judgment his
brlei was merely strictly legal, relevant
aud proper argument. 1t was also, ne
thought, highly respectful to the court and
was such as to call from the bench the
highest commentator of him as lawyer
and a warm approval of his course oil con-
duet in filing the obnoxious brief. Phil-
brook said be proposed 10 argue the points
of bis answer as he went along; it would
save a second reading and lot of work.
mo, no. think not, Mr.. Philbrook,'
interposed the Chief Justice. 81 think
that if you merely read your answer that