The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-02
THE BLYTHES IN COURT.
They Will Together Face the
Supreme Judges TO-MOr-
row Morning.
ASK TO DISMISS APPEALS
Compromises Which Have Been
Attempted in the Past and
Which Have Failed.

Tomorrow morning the Blythe case will
come before the Supreme Court once more
on motion to dismiss all appeals The
motion is made by Florence Blythe Hinck-
ley, through her attorneys, and should it
prove successful four of the claimants will
be swept aside and their interest summa-
rlly terminated. The motion as made, and
IS 1T Will be tried tomorrow, includes the
appeals of William Savage, who will ap-
pear in propria persona, the "Gypsy
Blythes," represented by the Holidays,
the blythe Company" represented by
Towle, and James Whit Pierce, repre-
sented by P. L. Benjamin. The only other
claimant still outstanding is Sarah Davis,
represented by Timothy Lyons, and her
case is not yet ready to be tried.
The motion to dismiss, which will finally
come to trial, would seem to indicate that
the negotiations which have been in prog
ress for some time. and which would lead,
II successful, to a complete compromise of
the case, had fallen through; but it is said
by those in whose hands the compromise
has been lntrusted that even now the es-
tate would be willing to settle provided
every one of those who could in any way
harass Mrs. Hinckley's inheritance would
come in the settlement
The settlement or compromise which the
estate was willing to agree to was 70 be
made on basis of $4,000. The Savages,
| the "Gipsy Blythes," the Blythe Company,
James Pierce and Sarah Davis were to have
that amount divided among them, pro-
vlded they would withdraw from the case
altogether. For some months past Henry
Ioomy. real estate broker, has had the
case in hand, but he found STUN bling
block In Lyons and his client, Sarah Davis.
The others were willing to consider the
matter, but Lyons refused any offer, and
SO the compromise on the basis of $50, 900
fell through.
There was an attempt to compromise on
the basis of $3.50, 900 some time ago, but in
that case the Holidays and their clients,
the Gypsy Blythes, blocked the way. In
that arrangement the Savages, both of
London and San Francisco, and James
Pierce, agreed to accept 100000 together,
the Blythe company was to receive $75, 900
and the Gypsy Blythes were to receive $25,-
600. The Gypsy Blythes would not com
promise for the whole amount of $3.50, 900,
for this was before the final decision of the
case and they were sure of winning. The
entering of the Judgment against all these
claimants and the affirming of the iudg-
ment by the Supreme Court led to petit
ton for a decree of distribution. From an
order granting this decree of distribution,
the claimants all appealed, and now the
motion to dismiss the appeals will come
y. ms CNluCIlCC MIS- I1lHCkIcy Will SUD-
NIT the judgment of the lower court and
its affirmation by the Supreme Court
What defense will be made is not generally
known, but it is understood that none of
the litigants are particularly anxious to
have the case reopened in the Supreme
Court.
In the care of Sarah Davis the suit is in
a unique position. Against all other
claimants the affirmed Judgment of Judge
Coffey has been entered as final, and in any
litigation they may bring this Judgment
has but to be submitted against them and
they must of necessity be beaten, but in
the case of Sarah Davis this Judgment
was never entered nor made final, and the
contention of her attorney is that judg-
ment never entered as against his client
cannot be urged in evidence against her. in
other words, that as against Sarah Davis
the estate must reopen the case. Her
appeal from the order of distribution is
now before the Supreme Court upon that
very point mainly, and it will come up
some time later.
The idea of getting all the claimants be-
fore the court at the same time is a shrewd
move by W. III. H. Hart, Mrs. Hinckley's
attorney: 1t was done ostensibly to dis
pose of all the cases at once, praiseworthy
plan to expedite the legal business of the
court, but when the four branches of the
litigation, each with its numerous follow
ing and each fighting the other as well as
all fighting the established estate, are
considered, the effect of it all upon the
court cannot but rebound to the profit and
x4N.@ - IL NJ.