The morning call., 1894-07-28
THE BLYTHE CASE.
New Developments in the
Drama.
F1olIaday's Motion to Set Aside the
Observation-Disclosures to Cover
nor Markham's Complaint.

The nterminabe Blythe case is still drag.
ging its weary way through both the Superior
and Supreme courts.
In spite Of the fact that the latter tribunal
has practically adjudged that there need be no
further discussion In the matter, as Judge Cot
fey's decision IN favor Of Florence Blythe
Hiuckley must stand undisturbed. yet some OF
the attorneys representing the other contest
ants for the possession OF Thomas III. Blythe's
millions do not regard this decision as final by
any means Only ON Thursday last the brief
in the final appeal of Alice Edith Blythe from
the order refusing new trial was filed In the
Supreme Court.
Judge Coffey, also, in the Superior Court. Is
having a fresh dose OF legal argument in this
case There are petitions for distribution 10
be considered, demurrers thereto, and other
matters that delay the settlement of the estate
And the whole OF yesterdays session was &C.
cupied by the hearing OF bold motion on the
part of S. W. and E. B. Holiday representing
The Kentucky BlVthes, TO set aside tRe original
judgment rendered by Judge C0tfey In the case
and sustained by The Supreme Court.
The motion was made under section 5Sl OF
the Code of Civil Procedure, providing for The
proper entering of judgment SIX months
after its rendition. The contestants clalm tDat
in this case the Judgment never mas oeen en-
tered on the Judgment docket although three
years has pass since Judge Coftey rendered
his famous decison; that it is, therefore, value
less, ana that the Whole case Will have to be
tried over again.
Judge Coffey bore the ordeal with remarkable
patience. The attorneys, Holiday and L. j.
Lyons, who represent Mrs. Sarah Davis, one OF
the Savage heirs, were present in. court to do
the legal fighting, while attorneys Tor other
contestants watched the proceedings with Gen.
siderable interest. Attorneys John CARRIER, j.
III. BOalt, William Rix and AttOrney-General
w. h. Fl. Hart were there TO defend the ludg-
ment in Florence's interest
The Holidays called Deputy County Clerk
d. q. Gordon 10 the 81 and, who stated that the
judgment bad never been entered In the ludg-
ment docket, and Cashk eeper W. j. Henry tes-
tilted thai he had never received the necessary
amount for The entry of the judgment.
Holaday's argument was partially heard
when Judge Coffey laid the whole matter over
for one week. The attorneys representing
Florence pOoh-p0Oh the whole idea, and say
that no such legal bubble as that could posi-
bly, upset Judgment that has been recognized
so long and upon which the supreme Court has
acted. IL is believed that The Judge will deny
Holladav's motion al once after the arguments
are brought TO close.
A demurrer was filed with the County Clerk
yesterday 10 the suit brought by Governor
Markham IN the name of the people of Cali
fornia o have the whole Blythe estate escheat
TO The State. The demurrer sets forth that in
such case he proper person to bring the COM
plant would be the Attorney General not the
Governor, of the State. II is also pointed out
that the complaint does not set forth that per-
mission to bring the suit was ever obtained
from the AttOrney-GeneTal. On these grounds
10 is sought to have the complaint dismissed.
The above contention sounds peculiar, as At
torney- General Hart, being one of the attor-
neys for Florence Blythe Hinckley, would
hardly be ut and proper person TO bring
suit which, if successful, would cause Thomas
Il. Blythe's millions to escheaG TO the State.