The San Francisco call., 1896-08-26

yesterday afternoon during the trial OF
William Costley on charge of disturbing
the peace.
The defendant and seven other men,
bers of the Socialistic Labor party were
arrested on the evening of the 18th inst.
while holding public meeting on Seventh
street, near Market.
The offense with which the prisoners
was charged is but a misdemeanor in
Volving only a light fine in the event of
conviction, but the principle involved
that of citizens prerogative of giving
free utterance to his speech-rises SO far
above all other considerations that attor-
neys, politicians and men in every walk
of life were interested enough in the pro-
ceedings to remain about the City Hall
even after rightfall to learn the results.
Justice of the Peace John A. Carroll,
acting as Police Judge instead of Judge
Conlan, who is on the sick list, presided.
r. III. Lloyd was special counsel for the
prosecution with Attorney j. J. Coffey.
Attorney Guilfoyle represented the de-
OF the eight defendants would stand or
fall upon the iury's verdict in the Costley
case.
Some forty talesmen were examined be-
fore the jury was selected, the challenged
iurymen being principally members of
the Odd Fellows or other fraternal socie-
ties. The twelve chosen men were: G. A.
Gerard, J. Sullivan, A. J. Hensely, e.
Michaelson, e. Lomler, D. Hyde, J. f.
Mail, ]. Robinson, ]. Nash, W. ]. Doey.
j. Barton and P. Aune.
iOfticers p. Whalen and Edward O'Day,
the com planning witnesses, as we'll as the
arresting officers, testified to the numer-
Gus complaints that had reached them as
to the disturbance caused on Seventh
street by the socialistic meetings. They
told how they had informed the defend
ants they must move on, but that they re-
fused to do so.
1.-The defendant was not personally abu-
sive," the policemen said, neither did
any OF them use obscene language. But
they roundlv upbralded the authorities,
Judges, 1uries and Police Department for
having convicted one of their BROTHER So
cialists for speaking in the open.air meet
ing held at Sixth and Folsom Streets"
Ex-Judge LouderbacK, S. M. Wycoff. C.
M. O'Neill, F. w. Warren and Andrew ].
Cleary, all directors or officers of the Odd
Fellows Hall Association testified to
having their peace disturbed by the social
istic meetings held from time TO time on
Seventh street, opposite their building.
They denied having any particular dislike
toward the socialists, as the Salvation
Army soldiers had been quite as annoy
ing. But the soldiers never hesitated to
move away when told to do so, while the
socialists have resisted all appeals to that
end.
The defendant took the stand in his own
behalf. He told of his occupation as
coachman for Mrs. a. Morgan. He said
that on the night of his arrest he was a
member of the Socialistic Labor party's
committee and the chairman of
the meeting which the police interrupted.
"I supposed Ihad right to speak at the
said the witness. 81 introduced
the speakers and believed they had right
to speak Therefore when | was told to
stop and move on / refused to do so.
1.-The object OF the meeting was to ex-
pound the doctrines of the Socialistic
Labor party, and nothing Objectionable SO
far as language goes was uttered. Some
Of the speakers were men whom we hope
10 have placed on the legal ballot as nomi-
nees from our party"
Oliver Everett, an architect. and L. L.
Kingsley, two prominent members OF the