The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-07
BREAK ERS AHEAD
FOR FLORENCE.
LATEST MOVE OF OPPOSING At
TORNEYS IN THE BLYTHE
CASE.
MRS. SARAH DAVIS CLAIM
IT WILL BE TAKEN TO THE FED
ERAL SUPREME COURT IF
NECESSARY.

The Blythe case is not dead yet. 1t is
only slumbering, and the awakening may
be equally as sensational as the original
trial. There is but one serious obstacle to
the settlement of the estate, and that is
slowly but steadily rushed toward the SUI
preme Court.
The bill of exceptions is now under con-
sideration by the attorneys for all parties
Immediately interested and in a few days
it will be filed.
Sarah Davis is the sister of the Savages,
William and David, but unlike them, she
had not appeared in the case until last De-
cember, when Judge Coffey issued an order
for the distribution of the estate. Sarah
Davis, with many others, then appeared,
but all claims were set aside and the order
was made in spite of the protests. The
rights of Mrs. Davis were of a different
nature from those of the others, however,
and she has therefore commenced pro-
ceedings on appeal. To answer the pro-
tests of the opposing parties the attorneys
for Mrs. Hinckley, then Florence Blythe,
submitted the judgment rendered by
Judge Coffey in July, 1890, and upon this
evidence the court finally closed the case
ana made the order.
Mrs. Davis position was that of an en-
tirely new sutton, and therefore she,
through her attorney, T. ]. Lyons, ex-
copied to the introduction as evidence
against her claim of Judgment rendered
in an action to which she had not been a
party. The Savages had been drawn into
the case by the original summons, which
mentioned each one except Mis-. Davis,
and as no new contestants were allowed
IN under the ruling of the court during the
trial of the case, she had no chance to pre-
sent her claim until the estate came up for
final distribution last December.
In support of Mrs. Davis claim her
counsel relies upon the decision rendered
by the Supreme Court upon the appeal,
and also upon the fact that she has never
had hearing in court. Upon this latter
point are based the grounds for an appeal
to the United States Supreme Court, upon
the provision of the constitution granting
to every one a lawful hearing In the
other point is contained the evidence given
upon the trial of the original contest.
In rendering its decision the Supreme
Court refused to consider that Florence
Blythe had been legally adopted by
Thomas Blythe, but it was decided that
she was entitled to the inheritance because
of four letters which Blythe had written
and which apparently acknowledged her
as his heir-at-law. These four letters were
written in the presence of w. II. III. Hart,
florence's attorney, as his testimony
shows, but the attorneys opposing were
not allowed to test his credibility in the
ways usual in court. Upon these letters
rests the bulk of Mrs. Hinckley's claim
upon the estate, and these letters rest in a
great measure upon Harris testimony for
their authenticity. A retrial of the case
will therefore virtually be an investigation
of the life and doings of Mr.. Hart under
the privilege of testing his veracity as a
witness.
A retrial of the case is exactly what the
attorneys for Mrs. Davis hope for, and If
their contention, that they have the right
of trial for their claim and the right to test
the single witness to these important let
tiers be declared sound, the case will have
to be retired, at least so far as they are
concerned.
Should the case be sent back for retrial
all those who appeared and who came
under, the original Judgment will be dis
barred from entering, but the State has
never been included in any of the iudg-
ments and it is more than probable that ii
would figure largely in the case. Its last
chance to appear occurred when in Decem-
Der last the order for final distribution was
issued, but at that time Mr.. Hart was
Attorney General as well as counsel for the
successful litigant, and SO the States
claims of escheat have never seriously
passed. At present Mr.. Hart and CARRIER
Boalt & Bishop, Florence's ATTORNEYS, are
distribution proceedings submitted to
them by Mr.. Lyons. When this is set
tied the Blythe case will once more appear
in the Supreme Court with new lease Of
life and with fresh points of law and fact
to be adiudicated.