The morning call., 1894-03-03
WAS NO CONTEST.
The Leek Brothers. Case
Dismissed.
Speedy Ending of Criminal Libel
Charge Upon Preliminary
Examination.

Judge Becher decided yesterday that
brothers should not drag their quarrels
into the criminal courts and that where
one brother feels himself grievously
wronged by another civil action is the
proper remedy.
II was in the case Of DR.. George w.
Leek. charged by his brother, DR.. j. j..
Leek, with criminal libel. The defendant
was arrested on Saturday last, admitted to
bail in the sum of S1G00saud his prelimin-
airy examination came up yesterday be-
fore Judge Belcber, sitting as a magis-
trate. The libel complained of con Insisted
in the publication Of cards of advertise
ment in which DR.. George w. Leek eau
toned the public not TO confound his name
and dental college with that of his brother.
j. j. Leek. The following words consti-
tute the alleged libel:
There is a man occupying the rooms
from which l.. George w. Leek, have
moved my college, whose name is j. j.
Leek, who is a fraud and fakir. Neither
the cowardly State Dental Association,
nor the police nor the Prosecuting At
torney OF this city seem to care how much
damage this illegally practicing humbug
does TO unsuspecting patients who may
chance TO make a mistake and get into his
den of vice. Little do the officers of the
law know how much damage this would
be dentist is doing by pumping victims
full Of dangerous gases or by forcing ter
rife shocks of electricity through their
bodies under the pretense of extractin g
teeth painlesSly."
The whole trouble arose from the bust
mesa connection of the two brothers in Inc
establishment known as the Leek Dental
College. Several suits were brought by
fanrnn RI aTa iS hrnt h.av. tro.r
the premises at 1 Fifth street, and there
are now two rival Institutions that are
owned by j. J. LePk at Fifth street, and
another al S73h Market street, near Fifth,
where George ". Leek has established his
college of dentistry.
Attorney George ID. Collins conducted
the prosecution yesterday, and after stat
ing the complaint asked to Introduce the
words complained of in evidence. An
objection was raised by an attorney on
behalf of the defendant, that the whole
card must be introduced or no part of it.
The balance Of The card which was not
sought to be admitted by the prosecution
contained the heading "WarniDgP' state
ment to the effect that DIR. j. }. Leek lad
no license TO practice dentistry. nor could
he obtain one that j. j. Leek began life as
a laborer on the ranch of Tom Williams,
the horseman; that a $4,000 damage suit
was pending against him by former pa.
titBt1 SbdJ Tue WuOl6 was
for the public good, and in good. faith. to
prevent a public fraud. Judge Belcher
sustained the objection of the defense,
and ordered the whole card to be intro
duced n evidence.
j. j. Leek testified To having seen num-
Der OF these cards lying about Fifth stree
and ON the stircase of hisI house.
j. ID. West, a blacksmith residing at !
Fifth street, noticed number of these
cards on Fifth street last week. In a pro-
fe>sOnal interview which the witness sub
seQueDtly had with George w. Leek the
latter admitted having published the card
saying. "Well, yes, did it TO prevent a
public fraud"
Miss Alice Aldersley of Napa testified to
having noticed a number OF these cards a.
George w. Leek's office when she called
/ there.
This closed the testimony for the prose
cution. Then the defense moved to dis
miss the case on the ground that no evi
dence of crime had been introduced. NJ
attempt had been made to show that the
alleged publication was not true, nor thai
1t had not been uttered IN good faith and
Tor the public good.
The prosecution claimed that it was a
| llbel per Sc, as he law presumed it to be
false unless otherwise shown.
Judge Belcbrr, however, declined &c
proceed with the case. He said that II
was case for civil action. and the pros
ecution against George w. Leek would be
dismissed.
All parties thereupon left the courtroom
1t is understood that civil action fol
damages will follow shortly.