The morning call., 1894-12-02
IN A SUPREME COURT BRIEF
Boldly Accuses the Judge of
Conspiracy and Fraud.
OVER JOHN LEvINsoN's ESTATE.
A Document Filed Which Makes the
Hair of Grave Attorneys
Stand on End.

verslng in whispers concerning an extra
ordinary brief that had been fled by
Horace w. PhilbroOk, well-known attor-
ney of this city. The brief contained
charges of the most pointed and direct
character against one of the Justices be-
fore whom Mr.. Philbrook hopes to sue
eessfully present his case-no other per-
sonage than Mr.. Justice Harrison.
This is not the Iirst time that Mr.. Phil
brook has spoken in no measured terms Of
the treatment accorded him in a case,
through the medium OF the Supreme
Court. Only a few weeks ago a brief
drawn up by him in the case of Warner
VS.. f. Thomas Partisan Cleaning and
Dyeing Works was thrown out by the Su-
preme Court on the ground that in his ex-
pressions Mr.. Philbrook had insulted and
scoffed at the dignity of that august tribu-
nal. Now, for the second time. Mr. Phil
brook finds himself at lOggerheads With
the court, the circumstances of the case
being as follows:
The suit in question is brought by Ira P.
Rankin as special administrator of the
estate of John Levinsop, deceased, against
William j. and Benja Newman for an
accounting. The late John Levinson was.
in connection with William j. and Benja-
min Newman and the firm of Buyer &
Reich, member of the well-knoWn firm
of Newman s. Levinson. He died on Feb
ruary %, 1890. and then arose the difficulty
concerning the administrator of his es-
tate. There was the dead mans In :erest
10 the partnership to be ascertained and
distributed, and as, after much trouble, no
satisfactory conclusion was arrived at, the
then administrator. James W. Goodwin,
brought suit on behalf of the aged mother
and two sisters of the deceased Levinson
TO compel the Newmans 10 render an &C
count of the partnership profits.
Philbrook was the attorney of record for
the Levinson side of the suit, while the
firm of Jarboe 81 Harrison, with z. R.
Taylor as special counsel, represented the
Newmans. A defense to the action was
set up in which the Newmans claimed that
their account with Levinson had long
since been settled. They claimed that
Levinson's interest IN the firm had
been appraised at $50. 100 So. and that the
then executor of the estate, S. W. Raveley,
had settled by authorization for that
amount, accepting from the Newmans
twelve promissory notes aggregating the
$40, 79o IS stated.
Philbrook in answer to this claimed that
he had been unfairly dealt with. He said
that he had treated with Mr.. Harrison,
now Supreme Justice Harrison. then of
the firm of Jarboe g. Harrison, and that
Mr.. Harrison had promised to keep him
informed of every move in the game He
said that be cautioned Judge Harrison
against allowing any inventory of Levin
sons interest in the firm TO be filed which
did not contain the goodwill of the business
or show on its face that it did not do So
Harrison, claimed Phil5rook, promised all
those things.
Then came time when. at meeting of
the parties at Judge Harrison's Office, Ex-
ecutor Raveley had signed the agreement
and had accepted the promissory notes.
Philbrook claimed fraud on the part of
Judge Harrison. Newman and Raveley
and sought to set aside the deed of settle
ment. But the Superior Court, in the
person Of Judge Wallace, gave judgment
for the defendants, and from this decision
Philbrook appealed to the Supreme Court.
There were several by-issues to be de-
cided in the settlement of the LeVinson
estate, and In these Attorney Philbrook
took leading part. He was not alto
gether successful in keeping the peace
either, for on one occasion Superior Judge
Wallace took the stand in Judge Coffey' g
courtroom and testified that Mr.. Philbrook
had on one or two occasions so far allowed
his feelings to overcome his discretion that
he had actually overstepped the bounds OF
discretion. ANY man guilty of such acts
should be disbarred," said Judge Wallace.
Be that as it may, the fact remains thai
Philbrook had by no means done with his
grievance against Judge Harrison. He
filed his transcript On appeal and, after re-
peated allowances of time, his brief on
behalf of the appellant was filed on Friday
last.
Philbrook attacks all parties. He al
good as charges Justice Harrison with
interested motives in permitting the deed
of settlement by Executor Raveley, and in
support of this he calls attention to the
fact that Raveley afterward resigned. or,
as PhilbrOok puts il, was forced to re-
sign" Philbrook further states thai
Judge Harrison at one time refused to
acknowledge that John Levinson's inter.
est in the firm of Newman g. Levinson was
worth 30 small an amount as 500, 100 SS
And he says it was strange that Judge
Harrison should alter his mind Just at the
time when he expected election to the Su-
preme bench, where, of course, he would
have power TO deal with the case on APP
peal.
Philbrook claims that the whole trans
action was fraud, conspiracy. ii,
opens his brief with recital of the cir
cumstaDces of the case. and by and by
be muses. as follows:
And If the Newmans had Only looked into the
Pentateuch they would have found the Moral
Astounding in such commands as I've shall No
affilct any widow or falherless child" cane
not Cypress the widow nor the fatherless,
Thou shalt not take a Widows raiment t
pledge" And they could also have found IL
the Septuagint "The Loro relieveth the father
less and widow, but the way OF the wicked h
turneth upside down."
Then Philbrook comments upon the ad
dillon of extra lawyers for the defense il
the following terms:
II to be observed that up TO and into The
early part OF July. $780, the defendants had n
other attorneys than Jarboe & Harrison. Blu
other papers were about TO be filed in court
and IL would look better to have other name
set down In the court records as attorneys 10
ut.