The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-05-08
The Reason Why Young Lough-
borough Was Not Sent
to Prison.
EIs HONOR ON THE DUELLo
District Attorney Barnes Response
BILE for the Leniency OF
the Court.

~
ar the criticism which has been excited in
some quarters by his release of young
Loughborough on payment of fine, while
| other culprits convicted of the same offense
have not Jared so well. His Honor feels
that he is well nigh helpless in the matter,
as the criticisms were made when the case
was not pending, and thus do not consti-
tute contempt.
His indignation reached a climax when
the Evening Post published a cartoon rep
resenting decisions on sale or offered by
Judge Belcher at amounts varied to suit
different offenses. Yesterday he took
official cognizance of this publication, and
made a statement from the bench to the
effect that he had heard that the journal
thus representing him had been guilty of
attempting to obtain hush money from the
defendant, Loughborough. This it is only
fair to state, the Post denied in last even
ing's issue.
But the Judge is decidedly stirred. He
stated on the adjournment of court that
he considered the attack outrageous.
1.-The statement of the District Attorney
proves that what l did was done solely at
his suggestion and in good faith. Yet,
what can [ do? The court is almost
remediless in such a case.
II regret the desuetude of the old-fash-
| Toned duel system. Except by pistol or
cudgel man has no redress in case OF
this kind. OF course, l cannot in my po-
| sition break the law, and in the disuse of
| the duello | have no recourse but to place
| the matter in the hands of the District At
torney. | am satisfied that the matter will
be thoroughly Investigated in his hands"
The official cognizance taken by Judge
| Belcher in the matter occurred at the
| opening of court. The Worthington case
was waiting when District Attorney Barnes
arrived, and was at once addressed by the
bench.
"Mr. Barnes" said Judge Belcher, 81
have sent for you to come into court in the
matter of Loughborough, which has been
invidiously commented upon in certain of
the daily papers, notably the Evening Post.
l have here the official reporters transcript
of the notes of the statement that you
made in open court on the morning of the
4th of May and will read them. They
are as follows:
If your Honor please, in relation to the late
case of The People against Loughborough, in
this department, l desire, in justice to the
court, to have entered upon the records OF the
court and to have it taken down by the short
hand reporter as my statement before your
Honor, that any action that your Honor may
have taken in that case was done as a result OF
the suggestion and request of the District At
tOrney; that the District Attorney does not
desire to see your Honor placed in any false
position in any connection with it. but the
District Attorney simply desires to say that he
assumes all responsibility in connection with
that case, and that it was at the suggestion Of
the District Attorney that the court took the
action that 1t did in that matter last Saturday
When the defendant was called to the
bar for sentence you made the following
statement:
r1a in ha Of
People against Loughborough, on Nv O charges,
1 have attempted to give this matter the most
serious consideration that | could. 1t was a
case which arose after the football game be-
| tween the Stanford Club and the University OF
| California Club. The participants in it were
| all young gentlemen of the greatest respecta-
| bility and good family, and the unfortunate
| outcome of this case TO this defenaent makes
me feel that it is my duty TO state to the court
| that both Mr.. Whitehouse and Mr.. Rosenfeld,
| who were the complaining witnesses, nave
| called upon me, and they have both stated
| that they would be more than content II, IN
| your Honor's discretion, you should not send
this young man to jail upon this plea of guilty.
| but in your Honors discretion, impose fine.
| believe that the interests OF justice, as far
as nv depa rtnent is concerned, and as far as
| the public is concerned; would be not only as
well but better subServed by imposing q flne
| in this case rather than imprisonment; and in
view of the fact that the complaining wit
nesses have not only fntimated, but have re-
| quested, that this course be pursued, say-1n
| view of the fact also that my department con-
| siders that a fine would be a sufficient penalty
| for this young man, l request OF your Honor
| that in the discretion which is given you in
| this class of cases, you do not impose the
penalty of imprisonment upon Mr.. Loughbor-
| ough, but impose such fine as in your Honor s
discretion may seem right and proper.
~ will add that that statement does
great credit to your heart and Judgment.
"Since the publication of the matter re-
ferred to in the Daily Post in particular
and since the publication OF the scurrilous
matter in last evenings Post it has come to
| the attention of the court that Mr.. Lough-
! borough, the defendant in the action, was
directly approached by some one in behalf
of the Daily Evening Post and was re-
ouested to pay to the Evening Post the
sum of $500 in money to hush the matter,
| and that for that sum the Daily Evening
Post would write him up good record. I
merely ask you in open court to inquire
into the facts concerning this matter and
| if it shall seem, after such inquiry, that it
may be a matter to be otherwise presented
to the court to make such presentation of
the matter as you may be advised"
Mr.. Barnes-I shall do so and have
only to say at this time that l reiterate the
remarks that have already been made by
me in regard to this matter.
The Court am obliged to you.