The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-14

signed the document upon which the
charges were made.
The witness was what the police would
call "fy" and completely baffied the attor-
ney and brought down the house with his
rapid succession of don't knows"
1t became plain at this point that Mr..
Terry was Fishing" He wanted to get an
admission from somebody or something,
which the defendants had so far refused to
furnish him, that the defendants, or any
of them, had admitted that they were re-
sponsible for the document. He thought
he would try Mr.. McNab and called him to
the stand and asked him if he were the
attorney for the defendants before they
were arrested. He answered that he
thought he became their attorney the day
before the arrest.
''Were you ever present at meeting OF
the Civic Federation?'
81 didn't know what it was till saw 1t
In the newspapers.
"Were you present at a meeting when
these defendants, or any of them, were
present on or about May Ii or IA when
these charges were formulated"
81 was not"
Witness did not know whether the de-
PENDANTS in the case had signed the alleged
hbelous articles or not, and did not re-
member having seen the articles in type
writer outside of the papers.
'You saw copy of the articles in the
CALL office"
81 was shown by the city editor of the
CALL a copy of what purported to be an
article dated May Is. l did not observe
whether or not it was signed"
do you know Mr.. P. c. Harlan?''
81 think that l met the gentleman once.
Maybe twice. 1 am not sure"
''Do you know where he is now?"
81 do mott
'That is all" said Mr. Terry
az suppose" said Mr.. McNab, 81 have
right to make statement in cross-exami-
nation of MYSELF"
81 object" said Mr.. Terry. HE has
perfect right to ask himself questions and
let me object to them if l see fit. There is
a recent decision on this point"
Matters were assuming humorous
phase again, and everyb body waited for
McNab to-begin.
81 will ask you, Mr.. McNab," said Mr..
with the general reputation of DR.. Marc
Levingston
Then he waited for the objection he
knew was coming. 1t came soon enough
and was sustained by the court, McNab
excusing himself and resunling his seat
amid much laughter.
II am tired of this trihing," said Mr..
Terry, "and I desire to state that when 1
came in here l supposed these gentlemen
would not deny that they had signed these
articles. L find nov that they do not, and
l must go on fishing examination for
the information"
"And I want to say" exclaimed McNab,
addressing the court, 'that when Dr. Lev
ingston applied to yourself and to the law
we were willing to meet him half way
and"
Il do not see any occasion for these
sneers," retorted his Honor severely. II
do not know that better reputation is
sought to be established by him, and 1 do
not think you should so STATE"
Mr.. Terry went Fishing" some more
and called Charles Wesley Reed, another
of defendants attorneys, to the stand.
'You said the other day. Mr.. Reed" he
began, that you were attorney for the
Civic Federation. When were you en-
ployed?"
81 decline to answer" was the reply.
81 think my word is plenty to prove that"
81 do not think it isl said Mr. Terry.
1T is question which | have perfect
right to ask. Suppose Mr.. Reed was en-
ployed by the Civic Federation after these
articles had been published; then, sir, he
could not plead the privilege of an attor-
ney to keep back anything that he learned
while he was present at any meeting of
the Civic. Federation, or keep back any
conversation he ever had with any of the
defendants in this action. The law is
plain upon that point.
II expect to show by this witness, first,
that he was never the attorney of the Civic
Federation, and next, that he was never
the attorney of these four defendants,
Ollie, ct al. until after they had been ar
rested, nor until after arrest had been
threatened, and after the article which we
claim is criminal libel had been published
to the world. If I can show that the law
is clear anything he learned during
his conversation with these men. at DR.
Dille's house, or at the Methodist Church;
or the conversations that were had by these
men. whether they call themselves the
Civic Federation or not, are not privileged
communications, and any man who was
present at that time can be made to open
his mouth and tell what took place there,
propose to show by this witness that
he was not their attorney and that he be-
came the attorney Of these defendant
after the prosecution had been threatened:
and secondly, l can inquire of this man
everything he knows about these parties"
Mr.. Reed, without waiting for ruling,
answered that the defendants, before the
first article was published, had asked him.
self and Mr.. McNab to act as their attor-
neys and they agreed"
After this followed series of questions.
during the course of which Mr.. Reed be-
came little bit miffed, and the name OF a
certain present EnSllSn worker on the
treadmill came into the case. Mr.. Terry
must have thought the witness intended
the reference as an insult to DR.. Livingston.
"Dr. Levingston has never been charged
with infamous crimes, has he2" he asked,
his voice pitched in a high key.
"He has been charged with just as bad
as far as moral character is concerned
replied the witness.
Then you think that man who takes
money in public office is on the same
plane2"
81 think a man who does that" was the
reply, sis as foul as man can be, because
he betrays his country"
There were loud hand clippings and
stampings of feet at this answer, and his
Honor called to the bailiff to clear the
court
''The Civic Federation must be out in
force" remarked Mr.. Terry.
"Clear the court" Mr.. Bailiff,' said
Judge Joachimson. "We want little
pure air after hearing so much stuff"
The examination was resumed and in
answer to other questions Mr.. Reed ex-
planned that the article upon which the
libel charge was based was formulated by
the four defendants and other gentlemen
interested and witnesses who volunteered
their statements in the office of Mr.. Tru-
man. The witness had taken this material