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

ScanOalS were not furnished TO Oruer tnere
and he used his imagination.
''On October II, 1883, the Chronicle pub
lished charges concerning the kicking of
dead bodies. Did you see that?'
| eff it was there [ did"
did you ask Mallady about it ?"
Il do not remember"
odd you not ask the proprietor OF the
| Chronicle about t?"
| No, for very good reason. l was not
| then on good terms with Mr.. de Young"
you did not sue the Chronicle for
libel?''
! "No"
! Terry interrupted at this point "This
shows the unfairness OF this cross-examln.
| alton, he said. "The report of the acts OF
third party could not be libel against DR..
Levingston. Rev. ]. George Gibson might
| as well sue the papers for libel for their
| criticisms of Durrant.'
Il investigated the matter said Lev
| ingston, land found it was lie."
do you not know that the kicking oc-
cured in the presence of Otto tum SUDDEN,
| a practicing attorney of this City?"
mo do not think Mr.. tum SUDDEN is
| telling the truth. 1 know he isn't"
Glow do you known"
Because he does not generally tell the
| truth"
The silence that followed the reply could
| be plainly felt.
| McNab then went into Buckley's rela-
| tons with Levingston. The witness said
he saw Mr.. Buckley before he appointed
his nephew Deputy Coroner. The young
man proved incompetent and was re-
moved. Buckley was not consulted as to
the removal. The alleged withholding of
| hodies at the Morgue, unless Mallady was
to bury them, was next touched on. DR..
Levingston denied any such practice.
Did not Mr.. Tyler go TO your Office at
| the instigation of him who is now Con-
gresham J. G. Mcguire and tell your
deputy that if you held back a certain body
any longer he would put you all in jail 2"
Il never heard of it before
"Did you go to see Buckley about your
denomination"
Il did not. I take that back. did,
What was your conference with
Buckley"
"He did not want me. He wanted Dr.
Bruck.'
''How did you get him over to your way
of thinkingY'
~ did not. got Bruck out of the way"
1t was brought out that Livingston had
treated Buckley professionally a short
time ago. There was something the matter
with his nose.
''Been sticking it into the State Board of
Health, hadn't he?" queried McNab.
"Mr. Buckley visited me professionally"
Did he pay you for the visit?"
''That is my business" said Levingston,
lege.
McNab protested vigorously. He said,
| 81 want to show that this is an attempt at
a CHASTITY resurrection of this corpse-of
this man who is politically dead. An at
| tempt to impose on the Governor this
specimen of political leprosy." He said
much more, too, and it was not clear
| whether his remarks referred to Mr.. Buck
| ley or to DR.. Livingston.
| ''You can ask him if Mr.. Buckley went
! there for any purpose other than to receive
medical treatment?" suggested the court.
That is the Mr.: Buckley who was once
in politics2" queried McNab, playfully.
Then Terry took a hand. "There has
not been a question asked for the last
three-quarters of an hour" he said, ''that
is proper cross-examination. All this stuff
cannot go in"
II, 1T can go in" contradicted the court.
mot unless it violates every rule of evil
dence," rejoined Terry.
ut does not violate any rule of evil
dence," returned the court, contradicting
the attorney fatty for the second time.
"Oh, WE'LL" growled Terry, ''if no rule of
evidence goes except McNab's sweet will,
"TRere were some meetings held in your
office regarding the State Board of Health,
were there not?" queried McNab, return
ing to the charge.
did not you try to get the Governor to
appoint certain physicians on the Board of
| Health2''
Terry objected, saying there was nothing
in the ease to show that there was such a
| man as Governor Budd.
McNab suggested that the court would
take judicial notice that there was a Gov
ernor of California and that his name was
Budd.
'That's right-Jim Budd," said the
court, and every body laughed.
did not you tell Ed Lanigan in the
revenue office that all you asked of the
| Governor was the appointment of DR.. Cox
and DIR. Rosenstern on the Board of
Health and yourself as Health OfficerP''
| mo; l said l would like to see those
| gentlemen appointed"
| Did you not say you would be satisfied
| with yourself as Health Officer and Miner
as Quarantine Officer2"
| II may have"
| "Did you not ask the Governor for the
appointments"
Governor, there is such position. / think
friend OF yours would fit it very nicely
and L m a friend of yours. -
! A big laugh greeted this exemplifcation
OF the proper way of asking political favors.
When it subsidized McNab tried again.
| did not the Governor tell you of these
charges?'
mo, think told him.
"Did you see an article published in the
Star of May 4?''
Terry objected. He thought that be-
cause others had attacked Livingston it
was no defense for these defendants
| McNab claimed that he wanted to show
that Levingston's reputation was a matter
Of common report and that his clients
acted in good faith and had no malice.
Then Terry quoted more law. He
thought the defendants had thought,
Here is man whom anybody can attack
with impunity; he is an easy game; we
will camp on his trail, for there is no dan
ger" Because Barry of the Star had at
| tackled DR.. Livingston was no defense for
E. r. Ollie.
| Reed claimed that as in criminal libel
express malice must be proved he had a
right to show by the articles mentioned
that the defendants had simply repub-
lished unchallenged charges and had
done it innocently. The court held that
the defendants should have observed the
Davy Crockett motto, ''Be sure you are
right, and then go ahead"
A lengthy discussion followed, and a
| iIu IL he