The San Francisco call., 1897-07-08
MRS. HIuCKLBY
GAINS A POINT
The Blythe Estate Case
Reopened in the Fed
eral Court.
Judge Morrow May Yet Nullify
His Decree Made on
Saturday.
Florence's Possession of the Big
Property Left Undisturbed
for Awhile.

Inc decision OF UNleQ StateS JuQSe
Morrow in the Blythe estate case in which
he awarded the entire property Of the
dead millionaire to the Blythe ccmI any,
on default, produced a decided sensation
around town and for a time "rattled" the
many attorneys engaged in the litigation.
Under the decree and order the estate
went to Jew outsiders who had pur-'
chased the interests OF number of the
original claimants, known as the English
or Liverpool Blythes. 1t happened in
this way. John w. and Henry T. Blythe
began an action in the Federal courts
against Mrs. Florence Blythe Hinckley
and the Bivthe Company. The case be-
came very much com plcated by the many
amend ments demrrrers, cross bills ETC.,
and the last feature was another suit or
cross complaint brought by the Blythe
company against the others for a full pos
session of the entire estate.
According to the records al! the neces-
sary papers were served on the defend
ants, but no response was made thereto,
and after the legal lanse of time the Judge
made decree for the company, This
was hard dill to swallow, especially after
the attorneys for Mrs. Hinckley had
fought for her rights for the past ten or
twelve years and had won their case in
the State courts. w. III. H. Hart, the
latter's attorney, declared that the whole
matter was mistake on the part of the
Judge who evidently had not been in
formed of certain orders made by Judge
Mckenna as long ago as iast February
relative 10 a m otion made by Mr.. Hart for
a dismissal of the entire matter in the
Federal Court.
Mr. Hart rested on this order and be-
oil
hung up III the air un til that motion was
decided, and when Judge Morrow wiped
out the estate at one swoop The attorneys
for Mrs. Hinckley were in CONSERVATION.
At an early hour yesterday morning nearly
all of the attorneys in the case were at the
Circuit Court, and those Tor Mrs. Hinck-
ley made strenuous effort TO have the
decree set aside and the case reopened.
At this point an awkward 81 uation arose,
for when the Judge signed the decree last
Saturday he also adjourned the court for
the M arch term sine die. The contention
was made that under the law the March
term OF he court is a thing of the past
and could never be reconvened, and that
the decree and order must stand forever.
In the afternoon another conference was
held in the Judges cham berg. at which
were present w. II. H. Hart, Bert Holla-
day, A. r. Cotton, r. Y. Hayne, G. W.
Towle ex-Judge McKissick, Thomas B.
Bishop and others. eE
Another effort was made to have the
court reconvene in order TO receive a petit
ton prepared by Mr.. Hart relative TO the
case. OF course Mr.. Towle objected 10
having the matter disturbed in any man.
ner. However, Judge Morrow decided
that there was too much invoived to dis
pose of the case, especially IN the light of
the order made by Judge McKenna. so
long ago and which had just been called
to his attention. So at o'clock lie re-
convened the court of the March term
and gave the legal representatives of Mrs.
Hinckley the much desired opportunity
to get in their petition, which they were
not slow to do. The petition was to set
aside the decree and order taken in default
pro confesso and to dismiss the proceed
ings. The petition recited three causes
why the decree should not prevail. The
first was that there was no service upon
Mrs. Florence Blythe Hinokley by the
plaintiffs. the Blythe Company. The lady
was out OF town at the time and the paper
was handed to Mrs. Harry Hinckley, a
sister-in-law. and thus the return was
defective. The next point was the order
of Judge McKenna, previously mentioned.
And the last was that the entire Blythe
case had been exhaustively tried and set
tied in the State court and that the Fed
eral court has no jurisdiction whatever.
OF cou Sc the attorneys for the Blythe
Company opj 'cted to TIE reconvening OF
the court in The first place, and to the ad-
mission OF the petition in the second
place. Mr.. Tow1e protested that the court
had no right under the law 10 reopen the
court, and that be ng so, had no right to
receive or consider such petition 3 pre-
sented He was overruled, wheieupon he
asked that the court appoint rec ,iver 10
cook after the property and collect the
rents.
Judge Morrow said that he had no in
clination 10 do so or to disturb present
possession. So he issued an order staying
all proceedings and left Mrs. Hinckley in
possession OF the Blythe block. He said
hat he will dispose Of the matter as
uuicklv as possible, with justice 10 all par
ties This will be one of The first cases
taken up in the July term.