The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-09-02
Horace ". PhiIbr00k's Grave
Charges Against Reputa-
BILE Men.
His Old Disbarment Proceeding Induces
Him to Attack the Justices Chief
Beatty Confronts the ACCuser in a
Very Personal Manner.

back and infinitely sets forth all the de-
tails OF the LevinsOn estate case, and as
serts that the widow and daughters were
sW1ndled out of LevinsOn's share in the
frm Of Newman & LeVinson through the
manipulations of R. c. Harrison, who
was then the attorney for the Newman
brothers and is now one of the Justices
Of the Supreme Court. He also declares
that the Supreme Court itself had pledged
itself in advance to decide the probate ap-
peal against Mrs. Levinson and her
daughters.
Another issue that he raises relates to
his. proceeding in the United States court
before Judge Morrow for damages sus-
tanned by him in his disbarment It will
be remembered that six Of the Justices
were represented by Attorney John Gar
Der, but Justice Harrison was represent
ed by w. W. Foote, who is made the
special object of attack. In his brief
Philbrook says:
this trial was w. w. Foote, who an
nounced that he had been employed spec
tally TO represent Justice Ralph G. Harri-
son. Here was Justice Ralph c. Harri-
son. the traitor who had sold his clients,
Mrs. Fannie LeYinson and her daughters,
to their enemies, the two Newmans, en-
ploying as his special champion W. w.
Foote. the traitor who sold his clients,
James P. and Frederick a. Merritt, TO
their enemy. Judge Stanly,
birds Of feather, traitor appearing as
known. he forte Of w. W. Foote is that
of bully and a blackguard. Big and
burly. his tactics are TO embarrasS the
opposing counsel and the opposing wit
nesses with insolenee, browbeating and
all manner OF blackguardism.'
In the past Mr. PhilbrOOk has published
a number of appeals to the people but
therein he has not referred disrespectfuly
to Mr.. Foote. In his reference to the Mef-
rift case he asserts that Foote took an
unprofessiOnal advantage Of Catherine NJ;
GarcelOn. an aged woman who inherited
q large portion of the Merritt estate in
Oakland. The Merritt boys were her heirs
and the aCCuser says that FOote sent them
TO the country and kept them drunk until
he could secure a contract or agreement
by which he could clean up $l25 900 OF their
interest. Philbrook pretends TO connect
Foote with the alleged "rascahty or the
Supreme Court justices IN a PECULIARLY
ro1Inda bout way. He claims that at the
time Foote was a Railroad Commissioner
he was a minority Of one. and sought TO
secure public appreciation by posing as an
anti-ralIroad Commissioner in the grain
rate cases: that his "howling' against the
railroad did the corporation no harm, ana
its officers, wishing to use MI. Foo1e' heiu
over him the facts of the GarCelon case.
50 that when the time came that one OF
its alleged tools. Justice Harrison, was a
party in the damage suit Foote was used
10 protect Justice Harrison.
Robert Y. Hayne. who was instrumental
in Philbrooks disbarment; ex-Attorney
General w F. Fitzgerald, ex-Justice tnow
Federal Judge John J. de Haven, Judge
r. b. Carpenter and half dozen or more
prominent lawyers have also come in for
a large share of abuse in Philorook
brief He goes so far even as 70 accuse
the Sunrerna Court Of mutilating the
court records in order to serve the pur-
pose of the Southern Pacific in case in
which II was interested.
That this sensational document will pro-
woke hot blood among those attacked goes
without saying. a limited number have az,
orenne Court brief and the balance,
amounting AZ 9d to a total of nearly 500, have
been printed in book or magazine form;
under Philbrook's old title OF An Appeal
70 the People" These Will no doubt be
INSTITUTED al where Philbrook. thinks they
viii DO the most good to himself and In,
Jury TO those whose names are contained
therein When his motion comes up IN
the Supreme Court on Tuesday TO be
placed on the calendar this rremarkabIe
document must form a part OF the court
record 1t is doubtful if the assertions
which il contains, charging reputable cltl-
zens with all manner Of crimes ana ras-
calitv. will go unchallenged.