The morning call., 1894-10-18
RULES OUT TWO ATTORNEYS.
Messrs. Towle and Holiday Have
No Standing Now.
SUPREME COURT DECISION FINAL
A Vigorous Attempt on the Part of
the Probate Judge to Rid Him
of the Incubus.

Judge Coffey has at last shown signs of
impatience at the seemingly intermin bic
Blythe case. When the Supreme Court
some months ago rendered 2 decision up
holding his Honor's Judgment in favor of
Florence Blythe Ii inkeley the Probate
Judge considered that he had washed his
hands of the whole business. 1t was time,
ne thought, TO think of other things.
But he has not been allowed TO do So.
No sooner had the decision been rendered
than up came a host of motions in the
Superior Court. The first heard was a
motion to set aside the judgment on the
ground that it had not been entered within
the time specified by law; the next was an
application for distribution of the estate,
chiefly distinguishable for the entrance OF
a new claimant in the shape of Mrs. Sarah
Davis, one of the Savage family of heirs to
the estate. So the unfortunate Judge has
been kept very busy. and having borne his
ordeal with remarkable patience hitherto
it is not surprising that he should here
lose that patience al last.
Attorn-y-Geueral Hart, one OF the att0r-
neys for Florence, spent several days in
presenting his motion for distribution.
Bundles and bundles of documents we're
introduced to clear the record in the case,
and meanwhile the various attorneys rep
resentng claims to the estate long since
knocked out have been unremitting In their
efforts to obtain grounds for one more
appeal.
When Hart got to the close of his motion
yesterday be formally objected TO the la w.
yers for other claimants being permitted to
appear at all in the case or to make any
sort of argument whatever. They had no
standing in the case, said Hart. and were
merely intruders.
All the attorneys collapsed. Finally At
torney Towle ventured 10 say that he had
right to be heard.
Not so Judge Cotfey. He told Mr.. TowIe
he had no standiug in court whatever, and
that he might be heard merely through
courtesy. This remark was also made to
apply to Attorneys 5. w. and Z. b. Holla-
day. who for years had been fighting the
cause Of the Kentucky or gypsy Blythes.
AS for Mr.. Hlghton, be represented the
alleged widow, Alice Edith Blythe, who
still had an appeal pending. His Honor
would hear Mr.. Highton at half-past 4
o'clock. The only reason given by the
court for its ruling was that the Supreme
Caurt's affirmation of The original judg-
meut in favor of Florence was final.
Both attorneys took vigorous exception
to the ruling. Mr. TOwle said that both
courts lacked jurisdctio in the matter.
The Supreme Courts decision was con-
trary to the provision of section 10, article
/ of the United States constitution. which
states that the State may pass an ex post
facto law. He also attempted to make a
point out of the fact that Chief Justice
Beatty was disqualified from participating
in the decision.
S. w. Holiday was heard to say that no
judgment existed at all In this case, and
that, therefore. the contest was still
legally pending.
This decision OF Judge Coffey left only
two adverse attorneys standing-Henrv
E. Higl on, representing Alice Edith
Blythe, and Timotheus j. Lyons, who is
fighting the new cause of Mrs. Sarah
Davis So at half-past o'clock Mr..
Hghtan appeared TO make brief argu-
men in opposition to the application for
distribution. His argument was based on
legal points. and perhaps the chief point
was that as his last appeal to the Supreme
Court had not yet been decided no order
for distribution of the estate could be
made.
In spite of the ruling of the morning, the
ruled-out attorneys haunted the courtroom
again. Mr.. Towle to lnveigh loudly against
injustice. and Mr.. Holiday to present no.
tice OF appeal from the courts ruling. All
the attorneys present accepted service of
the notice from Mr. Holladay, except the
attorneys of Florence, VINO refused to
recognize Mr. Holiday as having any
standing in the case whatever, and so de-
clined TO take notice of any document he
might be pleased to introduce to the court.
The notice of appeal, however, was duly
filed by Judge Coffey.