The San Francisco call., 1897-11-05
JUDGE J.V. COFFEY
sued FOR $4,000
William Tomsky Says He
Has Been Damaged to
That Extent.
Was Chided by the Court for
Misconduct in the Levy
Estate.
Attorney Davis and Widow Levy In
cluded in the Complaint, Which
Charges Conspiracy.

Judge James V. Coffey of the Superior
Court has been sued for $50. 600 damages
by William Tomsky, an attorney -at-law,
on account of the action recently taken by
his Honor in the Michael Levy estate liti-
CATION.
In the complaint H. H. Davis, Mrs.
Dora Levy and M. NJ. Davis are named as
co-defendants, though the pleadlngs indi-
cate that Judge Coffey is the principal OBJ
ject of Mr.. Tomsky's vengeance.
In formal. language Mr.. Tomsky de-
CARES that on the 1st of the present m onth
the defendants wiIfully, maliciously and
unlaWfully conspired together to slander,
rldicuIe, vex and annoy the plaintiff, and
that they attempted to extort from him
the sum OF SS5. greatly to his damage.
IL explaining how it was done Mr..
Tomsky says that on the day mentioned
he was, through fraud, trick and device,
inveigled into Departm 8 OF the Supe-
rior Court OF the city ard county of San
Francisco, in which Judge Coffey pre-
sides. by placing in the letter box note
W hich read. "Call at Judge Coffey's court
al once"
Responding to that note, the plaintiff
says that he went to the courtroom indi-
Gated, and that the defendants at once st-
tenn pied to compel him TO pay $50 10 Mrs.
Levy, and that Judge Coffey, in the pres
ence of several persons uttered the follow
ing WORDS:
'Mr. Tomsky addressing plaintif!):
You have acted dishonesty in this mat
ter. You have robbed this woman. Now,
you return SIS to her or will send you TO
Jail and keep you there until you do
pay it. Who represents the Sheriff's cftic.
here? Mr.. Finn, take this man into Gus
tody" Qndicating tins plain;lff).
Subsequently the order was modified by
allowing the plaintiff until the next
morning for the payment of the honey.
Mr.. Tomsky alleges that Judge Coffey
had not acquired jurisdiction of the per-
son of this plaintiff, as he had not been
served with any legal process requiring
him 10 appear in SAID court. He says that
the proceedings were published In the
papers of this city and sent all over the
State, whereby he was humiliated, rid-
cuied, slandeIed, vexed, annoyed and
dam aged, he being an attorney-at-law. to
the extent of the $4,000 for which he
sues.
Judge Coffey declined to express his
opinion OF the suit He said he had Just
been served with the summons and really
scarcely knew what IL was all about.
When court opened in the afternoon
Judge Coffey was two minutes late and
apologized TO the lawyers and jurors for
LaVing Inconvenience them, as 10 is his
way to add the numbe of minutes by the
mum ber of persons who are waiting for
him. There were twelve Jurors, seven
lawyers, three court officials, tive inter-
ested l;tigants and one witness on hand
ready to proceed with the Capron will
contest, so his Honor debeted himself
fitty-six minutes, remarking that the Ie-
gretable occurrence was caused by the
fact that ne had been detained by the
serving of summons in a $50 600 damage
suit.
Attorneys E. S. Pillsbury and ]. c.
pbell, who are on opposing sides in
the Capron contest, at once volunteered
their services tG defend the case, and At
Lorney II. Z. Highton remarked that the
entire bar of San Francisco would volun-
teer if it were necessary.
Judge Coffey jocu!arly rem arked that he
had at first blush thought it might be just
as we'll TO pay the money and have an end
OF the controversy.
Mr.. PIllsbury, answering in like strain
thought defendants counsel ought to be
given an opportunity to read the COM
plant before the money was paid, as
something possibly could be saved from
the wreck.
Mr.. Tomsky said his com plant con-
tained the full particulars of his grievance.
He felt that he had been injured by the
court and the other persons named, and
he wanted to be paid for the injury to his
repu tation.
Attorney Davis laughed scornfully as he
read Mr. Tomsky's complaint. He con-
sidered it defective in a dozen ways,
speaking from legal standpoint, and be-
sides he thought that the facts justified
Judge Coffey's order.
Mr.. Tomsky was formerly attorney for
the Levy estate, and Judge Coffey was
convinced by the widows testimony un-
der oath that Mr.. Tomsky had engaged in
sharp practices unworthy an attorpey-at-
law, and that he had dealt unj Justly by
her in money matters. The Judge ex-
pressed his orinion from the bench and
notified Mr.. Tomsky that he must settle
up or go TO jail, and this is what led to
the filing of the suit yesterday.