The San Francisco call., 1896-07-01
GAVIN OHU HIGH
GUILTY OF LIBEL.
Verdict Reached in the Sen
sational Suit at Mid
night.
AN INFLUENTIAL LOBBY
Attorney w. w. Foote Explains
Why He Went Into the
Case.
LIFELONG FRIEND OF DIEGEE.
The Editor Is Dissatisfied With the
Verdict and Wants a
New Trial.
LIFELONG FRIEND OF DINGEE.

OAKLAND, CAL, June 30.-A little be-
fore midnight Gavin Dhu High, editor of
the Times, was found guilty of criminal
libel. The jury was out two and half
hours and when they agreed on verdict
it was guilty as charged"
When court assembled Attorney W. w.
Foote stated that he had been unable to
secure the attendance of Major Lo ucke,
whom he had hoped would impeach
Highs testimony, and said he would pro-
ceed without it.
District Attorney Church addressed the
jury and reviewed the evidence for the
prosecution. He referred to Highs
record and to the apparent unreliability
OF his testimony, which he claimed was
entirely unsupported, and said that the
article was positive libel on Mr.. Dingee.
Attorney Beatty addressed the jury on
b half of High and carefully went over
each of the facts. He referred to High as
youth who was likely to make mistakes
and argued that the statements in the
article we're substantially true. He con-
cluded by advising the jury not to be led
away by the sophistry and eloquence of
Mr.. Foote.
w. w. Foote made the closing argument
for the prosecution. He made particular
reference to the personal character OF the
defendant. "Counsel for the Defense"
said Mr.. Foote, "cast aspersions on my
motive for being at this trial. I am here
out of friendship for Mr.. D;ngee. 1 have
known him for twenty-five years, and /
have admired him all that time. l would
appear for any friend who was so mali
ciously slandered.
"Mr. Dingee has been called q thief by
professional blackmailer. He has been
forced to go to his home and be met by
his wife and children after being branded
as a thief. We must be protected from
this. The only protection is with jury.
Formerly when man was treated in this
way he vindicated his character with a
shotgun. That age is past and we now
resort TO law. If Mr.. Dingee cannot get
redress from jury of men who have
known him for twenty years, where is he
to get it2 By shotgun?' ?''
The jury returned into court twice for
instructions, but at IL As agreed on YER
dict OF guilty.
The trial has caused more excitement
than any tried in the Police Court for
many years on account of the prominence
the lobby was as influential as any that
could be gathered from the banking, COM
merciai or legal circles in Oakland. Many
came on purpose to hear Mr.. Foote'S argu-
ment, but he was very moderate and spoke
only fifteen minutes.
Durins the recess Mr.. High showed q
dispatch that he had received from T. H.
Goodman. stating that Major Loucke was
with an excursion in the interior OF the
State, but that he (Loucke) had stated
that he had no criminal charge to press
against High and would not aid in any.
The dispatch was shown to Foote, who
said: well, there's no denial of the
facts. Loucke don't believe in suits for
the infamous crime with which charged
High. He told me that If he ran across
High he would shoot him."
After the verdict had been rendered
Judge Wood said he would pronounce
sentence on Monday next. High will
apply for new trial.