The San Francisco call., 1897-08-13
ISSUED In JUDGE SEAWELL'S COURT
Examiner Defendants Are Scam
pering to the Woods Of
British Columbia.
HEARST is STILL KEEPING In THE DARK
Claus spreckels Firm in His Purpose
to Corral the Whole Herd
of Libelers.


A. M. Lawrence, one of the Examiner
defendants in the Claus Spreckels libel
suits, was arrested last "Wednesday on a
charge of criminal libel and was before
the Police Court yesterday. Charles S.
Aiken, for whom a warrant was sworn
out, has skipped, and it is said that he is
in British Columbia or OF his way there.
Livernasl started for the British Pos
sessions shortly after the first suit was in
stituted by Mr.. Spreckels. Livernash is
supposed 70 have been in some position Of
authority about the Examiner office when
Mr.. Spreckels was accused of holding up
the stockholders of the Watsonville Sugar
Company. Hearst is still under cover in
New York, and using every precaution to
keep out of sight. Williams is com monty
supposed to hold a power of attorney
from the absent Hearst, but on the advice
of counsel refused to answer question
on that point before Notary Craig. When
committed for contempt Tor refusal to an
swer the question, Dick Whelan, the Sher-
iff, and Pat Reddv, the Sheriff's lawyer,
decided that notary had no power TO
punish for contempt. Williams was not
arrested for criminal libel. 1t is said that
he agreed with the Examiner lawyers that
Hearst ought to admit service and tace
the music.
The general break of the defendants for
cover may delay Claus Spreckels in his
purpose to bring Hearst to the bar of jus
tlce, but the plaintiff in these cases has
entered the contest with firm determine
ton to bring the responsible man of the
concern which Lawrence is supposed TO
re present to reckoning.
The attention of the interior press of
this State is called to this spectacle in
modern metropolitan Journalism. Here
is the Examiner boasting every day that
it is a fearless exponent Of journalism
and yet when it is put to the test before
the law no man can be found in the estab.
lisnment willing to acknowledge responsi-
biiity Tor anything that is printed in the
paper. The great fighters for the people
break for British Colum bla timber as soon
as a determined man goes after the jour
nal for proper redress In court.
The sentiment of nine-tenths of the peo-
pie of San Francisco as expressed in daily
comment is that Hearst has shown him
self to be weakling. After all the fury
ard bravado of independent and fearless
recently acquired in New York to shield
himself He makes great show OF bold
ness when the adversary Is some weak
broken-down poll liliciap or workingman
without influence, means or capacity 10
resist attack, but as svon as resolute
man is encountered who will stand neither
bIuffing nor evasion the boastei expounder
OF fearless journalism cannot be found.
He has fallen so low in the estimation of
newspaper people that his own employees
are ashamed OF his course. Ii punish
ment ior contempt was universal his own
lawyers would be punished for contempt
of their client.
Andrew NJ. Lawrence was to have been
arraigned yesterday morning before Po-
lice Judge Campbell.
Just as the willy hireling of w. R.
Hearst did when arraigned before the last
Legislature, and as he has done in the
Federal courts, he wriggled and lodged
the issue. refusing to appear and answer
10 the crime OF which he is accused.
With the assistance of three attorneys
and one Superior Judge Andrew NJ Law
renee managed to avoid doing what other
men IN this community have been COM
PEELED to do ever since the Police Courts
have been established. Charged with
misde mea amor, he refused to obey COM
mitting magistrates order, and has sue
ceeded to that extent at least that he has
obtained delay by clogging up the
records.
When the case was called in the morn
| ing Attorney Barnes stated that he did
not deem it necessary to have Lawrence
present. and he, as counsel, would plead
| for MIN.
This was objected to by Attorney Grove
l.. Johnson, representing the people OF
| the State. He argued That the law re-
| quired the defendant to plead in person a t
hIS lion n hafn bo
General Barnes quoted one authority
! showing that his position was sustained,
| but Attorney johnson poin.e out to the
| court that the authority was only appi-
cable TO cases in the Supe rior Court.
The case went over until P. NJ, but
| Lawrence was not then present.
81 desire to acquit General Barnes of
any Interior motives" stated Attorney
Johnson addressing the court, 'but it is
my belief that the line being pursued is
cunning attempt to take this matter out
of the Jurisdiction of both this and the
| Superior Court.
"If the defendant be not present for ar
raignment and has no opportunity in per-
| son to examine witnesses or cross exam
| inc them, as is his privilege according to
the statutes and he be held over to be
| tried before the Superior Court, the plea
| for a dismissal there will be made with
| ali legal right that the defendant was not
| permitted to cross-examine witnesses, and
| in TACT was not present before the com mmt-
| ting magistrate at the time OF the ar
| raignment. This would be sufficient cause
to have the case thrown out of court
| "Who and what Is this defendant A. M.
Lawrence that he should be treated with
any more consideration than any other
man accused of a public offense?"
| Attorney Johnson cited the case of
Fitch and Pickering. who were arraigned
some years ago in the Police Court befo:e
| the Hon. David Louderback. The speaker
represented the defendants and pleaded
| that it was unnecessary to have them pres
ent. Judge Louderback took different
| view of the matter, and thereafter the de-
fendants were in court every day of the
/ examination.
| Ex-Judge Louderback, who is of coun-
sci for Theodore Figel, sat next to Attor-
ney Johnson as the latter was recalling
L tho raracaadinna of hxr