The morning call., 1894-01-25
ARGUMENT ENDED.
The Blythe Case Submitted to the
Supreme Court.

The final arguments In the Blythe case were
made in the Supreme Courtyesterday morning,
and shortly before the hour SET for the noon
recess Justice Mcfarland instructed the clerk
10 enter the fact OF The submission on The
records.
W. w. Foote, representing The respondent.
Mrs. Florence Blythe Hinckley, opened ,the
arguments by referring 10 the jurisdiction OF
The lower court (which has the conclusive
power" said Mr. Foole, Ito determine the heir
ship and ownership of all estate. The trial
court had no right TO 20 further than to ascer-
tain IL Florence was the daughter OF Blythe,
and had no right to determine the other heirs.
The court did This by finding that Florence was
the only heir, and the Williams claimants the
collateral heirs and entitled to the estate II
Florence was not in existence"
MIR. Foote then reviewed the history OF the
226 days trial OF the case. 'rhe only claim
raised against Florence" MIR. FOote said. was
the eXtraterritorial question OF legitimacy.
u nder the common law OF England an He
Ultimate child has no right to heirsblp. This
question was argued and then the contestants
changed their front. They proceeded 10 attack
General w. Ii. H. HarT, and attempted TO
break him down."
Mir. FOote then smoke of Mr. Harris actions
in the case; showed tnaJ he was the paid and
trusted attorney Of Blythe and dwelt on the eX-
tent OF their intimate relations, both as friend
and attorney.
During the course OF Mr.. Foote'S defense OF
Hart, Justice Mcfarland desired 10 know
how the lower court made The distinction be
tween Harris confidential relations with his
client as between The alleged paper OF adoption
ard the letters admitted IN evidence. After
eXpl aiming this point Mr.. Foote referred In
scatnlng terms 10 "Alice Edith" explaining
the circumstances surrounding the time Of
Blythe's death, when, 1t Is claimed, the alleged
adoption paper disappeared.
Mr.. Holiday, who argued yesterday was
also referred to In very sarcastic way as the
young man conyersant with the slums OF Lon
dOn and who has never been beyond the con-
fines OF his native land."
1.-The whole ease of the contestants" said
Mr.. FoOte, as based on perjury. Whole ship
loads OF imported contract witnesses were
brought 10 this country, despite the existing
tari1t laws. They were unlOaded on the CON-
munty and supported in Ideness Each one
Ing to swear to the identity of Blytbe's mother
when we know that a. least five of them could
not have existed. Upon this f1lmsy preteXE
they base their appearance here IN court"
K. b. Holiday closed for the gypsy Blythes,
consuming the time left from the preceding
day. The principal point of MIR. Holiday
argument was in reference 10 establishing the
basis Tor an appeal TO The Federal courts.
During the course OF his argument Justice
Mcfarland wanted 10 know ''if a decision was
would not the other contestants md some way
OF securing new trial? And then IN the event
OF that decision being overturned, and another
set of claimants secure the decision, IL the
processes would not be kept up Indefinitely? ''
II. L. Gear made the closing argument in
favor of the London Savages, mainly content
ing himself with a re futatiOu OF some OF The
arguments of Mr.. Foote.
The case was then closed and submitted. In
the regular course a decision IS due in about
expire. This would bring the time to about
the end OF April.