The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-19
Relentless in His Attack Upon
Justice Harrison.
ARGUES ANOTHER WHOLE DAY.
The Supreme Court Shows Exemp-
larry Patience, Allowing All
Possible Latitude.

Court. His case has been submitted, and
it is for that august body to determine
whether he shall be disbarred or not.
Whatever the result Philbrook certainly
has had most patient hearing, having
occupied the attention of the court for
nearly two whole days.
The two points submitted by the San
Francisco Bar Associa ton, by whom the
prosecution WAS conducted, in order to
render all assistance necessary to the Su-
preme Court in its inquiry. were: first,
that the brief which Phibrook filed ON
behalf of the appellants in the Levinson
VS.. Newman case contained a violent al
tack upon the integrity of an honored
member of the bar and an Associate JUS
tice of the very court before which that
brief was presented; second, that the brief
Itself contained very direct threat to the
court should it presume to decide the case
in point adver ely to the appellant.
These points were presented, and At
torney Philbrook was called upon to make
reply thereto. His reply from first to last
was contained in an exhaustive summary
of the contents of his brief, accompanied
by argument intended TO convince the
court that the compiler of that brief
was justified in the action he took and in
the extremely pointed terms he made use
of. BY special request of The members of
the Bar Association conducting the pros
ecuton Philbrook was allowed all latitude
and plenty of time in presenting his de-
Tense. But he occupied nearly all of Mon
day without showing signs OF concluding,
and when the court convened yesterday
Chief Justice Beatty ventured to ask him
how much more time he would require.
81 cannot tell, your Honor" was Phil
hrO "a
particular argument. | wish to take IN all
the details of this case"
"The court is disposed to be very liberal
with you, Mr.. Philbrook," was Chief JUS
tce Beatty's grave reply. "But we can
not give to this case exclusively all our
time for an Unlimited period"
Philbrook calmly suggested that he
had yet to read to the court the brief that
was objected to. The brief formed part
of his answer. The volume in question is
only 800 pages in length.
The court objected 10 this and Informed
Mr.. PhilbrOok that there was not time to
listen to this interesting but lengthy docu-
ment.
Again. as on the previous day, did the
Bar Association come to Mr.. Philbrook's
rescue. Attorney Hayne suggested that
Phlbrook be allowed all possible time in
which to present his defense. But Chief
Justice Beatty suggested that he ought to
be through with MS argument by noon.
Philbrook said he would comply, and was
then permitted to proceed.
The eminent counsel dwelt for some
time upon the argument OF counsel on the
other side, to the effect that he had implied
threat o the court in suggesting a de-
cision. Philbrook declared that this was
no threat, but, even If it should be so con-
strued, he claimed that the language was
not contemptuous. Then be quoted his
favorte author. Cicero. aad also an English
case where the very crown was attacked.
and yet the bench on thai occasion had
patiently listened to the offenders argu-
menta Philbrook said that he appealed to
the justices as men-men who would give
him fair play. He had been advised to
draw in his horns and get out of the case,
like cur, but he would not do that. In
the interests of his helpless clients and of
his own manhood he would stand his
ground and face the whole thing out.
Presently PhilbrCok produced little
book, from which he proceeded to quote
the duties OF attorneys, as laid down by
law. the first duty being the support of
the constitution and the main tenance of
respect to the court. Phibrook said he
had fulfilled this duty.
81 have the highest confidence in the
court" he said, ''and in the Judges. Look
at the expense l have been put to in this
Leviuson case. Why, the utmost that
tate would be $4,000. AS for respect, there
are different standards of this. Judge
McKenna once said to an attorney that he
wanted facts; be wanted to get at the
truth; he did not mind the expressions
used to him by the attorneys in presen ting
their case. /. myself. occasionally employ
boy or girl TO typewrite for me. crowd
that boy or girl with work one day. and
he or she turns on me. don't mind that,
l like and respect 1t. So it is here"
Then Philbrook mentioned the rule !:
Employ only honorable means to win the
case; no artiices." Regarding this he
quoted what he called the secret transac-
ton of September 6, 1890, and said: 81
can't struggle against such secret trans
actions. But If such thing as that goes
90 might just as well withdraw from
practice, or ask 10 have myself disbarred. !"
He then quoted some more rules, and
when he came to the rule requiring an at
torney never to reject, for any consdera-
ton. the cause OF the defenseless and op-
pressed. he said: II think I've toed the
mark pretty clos'. I ought not to be dis
barred for that. In my judgment this
court cannot afford TO disbar man for
presenting his cause, such cause as mine
in that way. At the end of the nineteenth
century we are now. n OF in the times w hen
Cicero was allowed free speech and Caesar
liked TO hear it," Thereupon. Pbilbrook
zine-a Russian sketch-the burden of
which was. "Silence; there is to be no
reasoning"
All this was very interesting, of course.
but Phlbrook showed NO signs of getting
through, and when noon came he had
still lots to say. But on the Intervention
of Attorney Hayne he was allowed vet
further time. and when o'clock came he
was ready TO proceed. This time he said
that the object of this prosecution was
tine whitewashing of the man who, on
September 6. 1890, was Ralph C. Harri-
SON." Then the counsel proceeded to read
more and more pages OF his disastrous
brief with much JUNCTION and evident
relish.
Then he started off on Justice Harrison
again. He said his act was worse than
jury bribing. ST was not like the act of
a young attorney seeking to make a name
or little money. No; it was sheer wicked
ness of heart. This secret transaction of
September 6. 1890. was a foulest of foul
deeds" Then he talked some more of the
evident influences" which were sup
posed to bear upon the court, and It was
late in the afternoon before he got
through. having maintained his attitude
of defiance to the end.
a brief reply was made by Judge Hayne.
in which he reiterated his reasons for
moving the disbarment of Pbilbrook.