The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-25

| aumlnlstratlOnp
| They might have"
Were you present in court when the
names of A. s. Barney and DR.. Anthony
| were called 2"
II don't know
| "Did you not, thereafter, send Mr.. Porter
Ashe to call on Mr.. Barney?"
Eyes, sir; to discover what he had to
say about me-"
| II want to ask, Dr. Livingston, if you
| did not receive from Mr.. Barney the sum
of 5000 for signing a death certificate of
natural causes in the instance of a female
suicide?''
II did not" answered the witness, be-
fore his attorney could get in an objection.
Mr.. Terry protested against the style of
cross-examination pursued by Mr.. McNab,
and objected to fighting linen of straw"
"Were there any of the other witnesses
subpenaed here" asked McNab, ''that
you sent Mr.. Ashe to or to whom you went
yourself?"
Eyes" replied the doctor, "Mr. Tum
| Suden," and a big laugh went up from the
audience at the recollection OF the famous
| fistic encounter between the witness and
Tum SUDDEN. The doctor then stated that
he had also called upon Mr.. Clement and
] Mr.. Braunhart. With few more unim-
portant questions, DR.. Livingston was
! allowed to step down and the prosecution
| announced that its case had closed.
The defense called John Bernard Dunn,
| a shoemaker. In response to the first few
questions, witness testified that he was a
frequent visitor to the Morgue during the
time DR.. Livingston was Coroner. Just at
this point Mr. Terry objected TO any
further questioning Of this or any other
| witness on this line.
sour position is simply this" he said,
''that in an action for criminal libel the
defendant is not allowed before q COM
hitting magistrate, to introduce any testi-
mony tending to show the truth of the
matter charged against the prosecuting
| Witness"
Mr.. Terry then went on to quote from
paragraph 8 of article1 of the constitution,
which sets forth that the truth of the
charges upon which the action for libel are
based can only be presented to jury.
"The only evidence the defendants can
be allowed to introduce" he continued, sis
not that the matter is true, but that they did
not publish it. In other words, evidence
| tending to show that they were not respon-
sible for the publication of the libel.'
Judge Joachimsen stated that Mr.. Ter
| rvs argument seemed to be the proper one.
.'If your Honor is going to rule that
way" said Mr.. Reed, II ask the privilege,
in the interest of good government in the
City of San Francisco, to"
sob, pshaw," said his Honor, impa-
tiently, "'good government and justice,
what's that got to do with this case-the
law of the land controls this case. There
| is paragraph of article of the constitu-
ton of the State. Now, if you are pre-
pared to overrule the constitution of the
State would like to hear you do it."
81 do not understand that there is any
levity in this matter" retorted Mr.. Reed
in an injured tone.
mo, sir, this is not matter for levity
| with me-" said the court; sit is case of
law"
Mr.. Reed proceeded to read from 1.-The
Statement of the Case" holding that any
witness produced must be sworn and ex-
| amined
81 don't think person has any more
right to assassinate a PERSONS character
| than he has to assassinate his person."
| said the court.
Neither do l." replied Mr.. Reed, s'but
| has perfect right to prove self-defense."
The sharp interchange of views on the
matter of the admissibility of evidence as
| to the truth of the charges upon which the
| libel was based passed between court and
counsel, his Honor siding at last with Mr..
| Terry. The defense then withdrew. Mr..
Dunn and the Rev. Thomas c. Filben took
| the stand.
''May it please the court" said Mr..
Reed, "we are now ready to go into our
| defense showing that the articles are true.
| We have no questions to ask except in the
line that these allegations are true"
"Then," said Mr.. Terry, .'under the
ruling of the court we ask that these de-
| PENDANTS be bound over"
The court failed to act on the suggestion
| and the examination of Mr.. Filben was
commenced. He testified that he was in
Mr.. Truman's office the day before the
| publication of the Civic Federation's COM
| mittee's protest against the appointment
of DR.. Levingston. He had during his
visit seen Mr.. Harlan in the office, and had
seen the latter with typewriter copy of
that protest in his hand. Witness denied
positively that he had given it to Harlan,
and was certain he had not seen any one
else do it. Mr.. Truman and several of his