The San Francisco call., 1897-05-15
Editor Marriott's Acquittal
Warmly Greeted by a
Contemporary.
Judge Hebbard's Recourse to the
Secret Tribunal OF the Grand
Jury Fruitless.
Twelve Cit zens Braved Judicial
Wrath and Declared for the
Cause of Justice.

Editor Fred Marriott of the News Letter was
trfum phantly acquitted by jury of his peers
last night, says the Bulletin of last night, of
charge OF hbeling Superior Judge Hebbard,
after a trial lasting over four weeks. After
only three ballots the young editors conduct
was vindicated.
AS is generally well known, the case was
based on an indictment of Marriott for the
publication in the News Letter of an editorial
criticism of Judge Hebbard's course in the
Peoples Bank cases and declaring that the
Judge was the creature and tooP' of design
ing persons and, consequently, disgrace 10
the bench" "unfair' and 'incompetent." 1t
was purely a campaign article, such as any
newspaper may publish, such es all the voters
in the City desire shall be published. 1t pur-
ported to tell the truth about prominent
candidate for election TO political honors. To
some extent it missed its mark, ior the object
of the criticism was elected by large vote.
Yet months after ais day of triumph the
Judge presumed to press criminal charge
against the man who had criticized him. To
the credit of the people, to the glory OF liberty
and free speech, the attempt ANONYMOUSLY
failed.
For four solid weeks Judge Hebbard un-
necessarily neglected his duties to watch the
proceedings before Judge Daingerfeld and
were closed, and Judge, clerk and shorthand
reporter were TO be found in body eagerly
watching the turns of the case Judge Heb
bard even acted as associate counsel Tor the
prosecution, and suggested points to julius
Kahn or to Walter Hinkle, the one his private
counsel, the other the assistant District Attor-
ney, representing the State. All his friends
neglected their business to attend the trial,
including General John F. Sheehan, the one
time receiver OF the Peoples Bank, ,'and James
NJ. Watt, his attorney. Marriott sat alone, save
for his counsel.
The trial has been described from day to
day. The prosecutions case rested upon the
fact that Fred Marriott was the proprie tor of
the News Letter, and that on such and such
date the article complained of appeared in his
paper, pu blished and authorized to be pub
lished by him. 1t took but short while to
present the facts claimed. The defense, how
ever, was not content with a single denial or
plea in justification. With the greatest care
and patience Attorney S. NJ. Shortridge, whose
handling of Marriott's case was brilliant. had
collected all the facts ana circumstances con-
nected with the management, or rather mis-
management, OF the banks affairs for the time
the defunct concern passed into Receiver
Sheehans hands to the day when he received
his discharge.
Several facts were shown despite the per-
sistent adverse rulings of the court. 1t was
shown that Judge Hebbard had in the first
instance appointed Sheehan as receiver of the
bank; that the appointment was subsequently
declared illegal; that some weeks afterward a
second suit was brought and Sheehan again
appointed receiver this time legally; that
during the term of his illegal apDoin tment
Sheehan received his salary of $500 month.
1t was shown that when Sheehan took charge
the majority of all the old board of directors
were willing to resign If permitted to meet for
that purpose, and that Sheehan and Watt, by
their Vaccinations, prevented the meeting
and also controlled the voting OF the stock. 1t
was also shown that Judge Hebbard at one
time agreed to allow the directors to meet for
the purpose of resigning and when called
upon TO do so went back upon his promise.
All the workings of the bank were gone into
In minute detail. Hebbard's employment of
John Carnage, the private detective, who
failed to materialize when called upon, was
inquired into The mass-mee:ing OF angry
depositors at the Bush-street Theater, where
Judge Hebbard, Sheehan and company forced
their way in with the aid of a policeman,
received due consideration. Lastly the course
taken by Judge Hebbard in going before the
Grand Jury and securing the Indictment of
seven depositors who had been rash enough to
send a circular round TO the voters warning
them as TO " hat kind OF man they were asked
to cast their ballots.
With all the acts OF Receiver Shee han, with
all the acts OF Attorney Watt, Mr.. Shortridge
claimed, Hebbard must have been familiar.
The court had the power of appointment; il
was the courts duty 10 see that its appointees
did their duty faithfully and well. Had the
court done that? There was no sugges tion in
MarIiott's article, there was no suggestion
made by Mr. Shortridge that Hebbard was dis
been careless and weak; that he had been a
creature and tool of others, and for that req
son was a person unfit for the position he
sought to occupy.
Judge Hebbard, i: was expected, would take
the stand in rebuttal and explain what mat
ters looked doubtful But he did not do so.
He did not face the ordeal To the astonish-
ment of all the case was permitted to close
without word from the man who was really
on trial. although, technically speaking. an
other man sat for the time being in the de-
fcndanps chair. So the case went to the Jury
after pie from Walter Hnkle, a scathing
denunciation of arbitrary misuse of judicial
power and of unheard-of attempts to deprive
the American citizen of what he was most
proud of-h5erty OF speech-by M. Snort
ridge, and a somewhat lame reply by julius
Kahn, in which tho latter sought a verdict of
the jury sending Marriott to prison on the
ground that the prosecuting witness, Heb
bard, was San honest man.
1t took longer to arrive at conclusion than
It would have done had not Judge danger
field elected to go'to the theater. Two ballots
were taken before dinner. The first showed
ten jurors for acquittal, two for conviction.
Immediately after dinner the last man came
over, but Judge Daingerfield was at the the
ater. Returning therefrom at 1880 p NJ the
crowded courtroom heard the welcome words,
mot guilty"
Justice had triumphed. Judge Hcbbard
rushed out of the courtroom and was no more
seen. Fred Marriott received the congratule.
tions of his friends. The twelve men who
braved judicial wrath and declared for the
freedom of the press were D. Farquharson
Thomas G. Taylor, Adam Wagner, A. NJ Law.
yer, K. Gambi,z, R. Kayser. D. B. Collins,