The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-11
THE DOCTOR TEsTIFIEs,
Otto Turn Suden'S Veracity
Questioned and McNab
Guilty of Authorship.
THE COURT ON DAVY CROCKETT
Attorneys Wrangling and Fishing
for Political News In Cross
Examination.

The preliminary examination OF Rev.
DR.. E. r. Ollie, D. Gilbert Dexter, l. J.
Truman and George T. Gaden, on charges
of criminal libel preferred by DIR. Marc
Livingston, began Yesterday afternoon,
and Judge Joachimsen's courtroom was
crowded. Members of the Civic Fedora
ton and their sympathiZers were out in
force, and Levingston's friends were not
wanting, judging from the applause with
which telling hits by counsel for the prose
cution were received.
Inside the rail sat formidable array of
counsel. Reel B. Terry led the forces of
the prosecution. Beside him sat r. Porter
Ashe, T. A. MCGOWAN and Lansing Miz-
ner. Gavin McNab conducted the case for
the defense, assisted by Charles Wesley
Reed, Curtis Hillyer, president of the
Good Government Club, and Maurice S.
WOODLANDS, secretary of the Civic Fedora
ton. The examination was a battle from
the start. Every point was bitterly con-
tested and more time was spent in wrang-
ling by the attorneys than in questioning
the witnesses.
At 4:30 O'Clock, when the court adj
journed, DR.. Devingston was still on the
stand. His cross examination had scarcely
begun, and will be continued on Thursday
at P. NJ
When the case was called Dr. Ollie was
not present, and delay of twenty minutes
ensued. Attorney Reed apologized for his
clients absence attriburing it to inadver-
tence, and offering to waive his presence.
The point was made that presence of
defendant cannot be waived, and finally,
Just as the court, losing patience, was
about to take summary measures, DR..
Ollie appeared.
The first witness called was Porter Ashe
He testified that he had known DR.. Lev
ingston for twelve or fifteen years. He
had met DR.. Ollie. He called on him
at Dille's residence on May or 6
as attorney for Livingston to inquire into
charges which were to be presented to the
Governor. He had a long conversation
with DR.. Ollie concerning Levingston's pri-
vate character and public record and asked
to be given a hearing before the Civic FEEDER
alton concerning the charges before they
should be presented to the Governor.
"What is this Civic Federation, any
way2" asked Terry at this point. The
witness professed his ignorance on the
subject and continued.
Ollie had promised him hearing before
the Federation and on the following Sat
urday night he attended meeting of that
body. At that meeting he saw DR.. Ollie,
Mr.. Truman and some other gentlemen
whose names he did not know, though he
had seen some of them in the courtroom.
A CALL reporter was also present at the
meeting.
What agreement was reached before
you left the meeting2" asked Terry.
81 had requested the privilege of cross
examining the witnesses, but that was de-
MED me. 1t was agreed, however, that l
should see their report before it was sent
10 the Governor"
''Do you know whether such a report was
sent?"
''Not of my own knowledge"
ibid you see such report in the news
papers?"
81 did"
An article from the CALL of May IS was
read. Mr.. Ashe said that that was the ar
ticle referred to, and the paper was placed
in evidence. Mr.. Ashe stated that he had
received no notification of the report, as
agreed, and was surprised to see it in
print. 1t appeared also in the Examiner
of the same date. An attempt was made
to put that paper in evidence also, but OBJ
lection was made and the first tilt between
the attorneys resulted.
McNab wanted to know the purpose of
"this multiplication of exhibits"
The query came as red rag to Terry
He jumped to his feet and thundered, at
is to show express malice. We will prove
that these men sent typewriter copy of
this report to the CALL and to the Exam
iner that its publication might injure Dr.
Livingston. We will also prove that they
sent copy to the Chronicle and that that
journal refused to publish it. Also that
the publication was made on the express
authorization of these men,"
The report to the Governor published in
the CALL was read, and Terry went through
the formality of eliciting from the witness
the statement that it referred to DR.. Marc
Livingston, the plaintiff in this action
Mr.. Ashe further testified that he after
ward met Ollie on a train at Vallejo juno
ton and expressed surprise that he (Dille)
had not kept faith and sent copy of the
report, as agreed. Ollie excused himself
then by throwing the blame on Mr. Tru-
man, whose duty it was to send the copy.
The publication complained of was also
mentioned in the conversation.
McNab began the cross.examination