The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-11

The question was the signal for another
scrimmage. Terry objected on the ground
that the question was immaterial since
Livingston was not on trial.
McNab said he would show conspiracy
and malice on the part of the plaintiff in
bringing the suit.
Terry wanted that done in proper order
if at all.
Reed claimed that all that was wanted
was to show that Ashe assisted in drawing
up the letter.
Ashe asserted that he had already stated
that fact. Terry was attempting to shut
off the answer, but it got in in spite of him
scowl while the crowd laughed. The de-
PENDANTS counsel also INDUCED in a
chuckle.
A ruling was demanded on the question,
"Who else was present?n And the court
delivered little homily advising the at
torneys to keep their questions within GER
tain lines. Reed wanted the held of inves-
tigation broadened, and began to quote
authorities. A mild spat with his Honor
followed and then Terry interrupted with
an objection that as Ashe was Livingston s
attorney McNab had no right to pry into
their relations as attorney and client.
"Do you make it a question of privilege
on your side?" queried the court. The
reply was in the affirmative and the court
was about to rule when the defense claimed
that Ashe, though Lev1ngston's attorney
at the present time was not at the time
the letter was written.
Once more Terry was on his feet. "It
makes no difference" he shouted, WHO
assisted him with that letter; whether he
consulted the spirits or found it on the
streets, if it suited him and he fathered it,
The court sustained the objection, but
Terry having gained his point withdrew
he nd ~
question, "Who else was PRESENT."
The answer was mo one" and the spec
tators laughed so immediately that his
Honor threatened to clear the room.
when you visited DR.. Dille." pursued
McNab, "did not he say that he did not
know Levingston and had nothing against
him personality"
''Did he not say he was working only for
the public good?"
"He said that"
"Did he not say that he was simply op-
posing vicious and corrupt politician ?"
81 don't think he used the term vicious"
well, it was something TO that effect?'
at may have been," answered the wit
ness, and was excused. Terry remarked
something about Ollie being willing to
convict man upon unfounded newspaper
| reports to which McNab took exception.
Charles Wesley Reed, one of the attor-
neys for the defense, was next called. The
first question was, "Did you see plaintiffs
exhibit No. 1.-THE report to the Governor
before it was printed?"
McNab objected on the ground of attor-
torney's privilege, and Reed stated that
he was one of the attorneys for the Civic
Federation.
Terry evidently doubted the statement.
"Dld you receive any fee from the
federation for you services2" he asked.
"No."
Were you promised any fee?"
McNab objected again, and a hubbub
| ensued. Terry said he wanted to find ont
If Reed really was the federation's attor-
| ney.. The court remarked "He swears he
was" but Terry continued his questions,
and under protest Reed stated that he did
| not take copies OF the report to the
| Chronicle, CALL or Examiner offices and
that he did not know when they were
| sent, if they were sent.