The San Francisco call., 1896-04-01
The Court Protects Him on the
Circulation Ques-
ton.
CALLED IN LANDoN's CASE.
Sharp Cross-Questioning of the Plain
tiff and Interchange Between
Attorneys.


fore Judge Hunt, to recover $4,000 for al
leged malicious persecution, worked itself
around yesterday until il wore the appear
ance of boomerang.
Landon was on the stand nearly all day
undergoing first the direct examination at
the hands of his attorney, G. w. Monteith,
and then long and scorching cross-exam-
lnation by W. W. Foote. During the cross
examination casual visitor to the court
room might have supposed that Landon
was the defendant in a criminal case. The
grounds upon which the indictments were
found, which Landon complains of, were
all gone over and he was asked to explain
many things in connection with the dis
counted notes that he confessed he could
not make clear.
All the day long until the last thing
before adjournment NJ. IL. de Young. pro-
prietor, and John P. Young, managing
editor of the Chronicle sat in the witness
room waiting to be called to explain the
animus of several news stories published
in the Chronicle in April 1893 and 1894,
relating to Landon and the indictments:
and all the time Reuben Lloyd sat quietly
at one side in the courtroom amusing him.
self by making sketches and caricatures of
the principals to the trial and incidentally
watching its course in the interest of Mr..
de Young.
All the afternoon Attorney Monteith
was employed in making objection to the
EN- barrasslng line of questions which were
being fired at his client by Mr.. Foote,
which objections were almost without ex-
ception overruled. Indeed, the court it.
self took a hand at asking embarrassing
hpfnrQ ha
when he was through, Mr.. Monteith filed
objections to these on the ground that
they were Irrelevant and incompetent and
also as to the manner of the questioning,
which he declared was calculated to in
fiuence the minds of the jury. The court
refused 10 rule upon the objections.
When Mr.. de Young was finally called
to testify, there was good deal of wander
ing among paths not altogether familiar to
the attorney questioner, Monteith.
Several articles had been published in
the Chronicle telling the story of the in
dictments against Landon. These publ
cations, it is claimed, were responsible to
from mental distress upon Landon. which
forms the basis for the claim for damages.
Mr.. Montelth asked Mr.. de Young il he
i5 proprietor of the Chronicle, and he
confessed that he IS. He could not tell
who wrote the article complained Of The
Grafton were called for and produced.
They had no record OF the articles.
Then Mr.. Monteith wanted to know
what record was kept of the income of the
Chronicle in such matters, and he said the
income was matter of the business and
not the news department, and declared he
was being questioned about things of which
he had no personal knowledge at best.
The city editor at the time of the ppbl-
cation was the man to say who wrote the
articles. Ii any man connected with the
Chronicle received anything for the publ
cation he was not aware of it-there was no
record of it.
he said, how the publication complained
OF had injured his client-asked the witness
as TO the circulation OF the Chronicle-how
great it was on the days in question.
Here Mr.. Foote interiered, saying that
they had not contested the statement
either that the articles in question had
been printed in the Chronicle or that the
Chronicle hao a wide circulation as
charged. He objected to bringing news
paper controversies into court. He also
charged Montieth with employing the case
to drag before the public extraneous mat
ters for ulterior motives. Everything in
this line material to the case had been ad-
mitted.
So Mr.. de Young was allowed to go ,and
John z. Young, managing editor was
called. He could tell no more about the
articles as to who wrotelthem, and hef too,
stepped down without any of tue revela-
tions being made which Mr.. Montieth de-
pended upon.
The proceedings of the day had been be-
gun by London, under examination, testi-
tying that he had been caused great men,
tai distress by the indictments secured by
the Tallant Banking Company and by the
publications referred to. Mr.. Foote began
his cross-examination by a careful inquiry
after his health at the present time. The
witness confessed that he was fairly well.
Then Foote wanted to know if he had
not been indicted shortly thereafter by the
United States Grand Jury for using the
mails to conduct lottery scheme known
as a suit club.
The witness confessed to this. but said
that that indictment had also been dis
missed upon his simple promise to dis.
continue the suit-club business.
Then Foote wanted to know If there had
not been shortage of some SD, 900, which
he had to make good to the Vermont
Marble Company, after his sometime con-
nection with it.
The witness explained that there was
some difference between himself and the
company, by which he was required to
turn over $1,000 in cash and an insurance
policy for $4,000.
After further inquiry into The status of
the suit club, by which 1t was learned that
at the sudden suspension of business there
were many holders of tickets who were en-
tirely out and injured, Mr.. Foote came
down to the five notes upon which the five
indictments had been secured. The notes
were those of tailors and sailors-people
unknown in the business word-but their
notes were discounted at the Tallant Bank,
Mr.. FoOte explained because of the conf
dence felt in the Mutual Oil Company, one
of it's customers who introduced them, and
of which company Landon was oIse of the
principal figures.
The witness explained. in regard to one
of these notes, that it had been filled in by
the president, Mr.. Blank, for $780, while
the Indebtedness of the maker, or signer
of the note, never amounted to more than
$50 to the company.
1t was about this transaction that Judge