The San Francisco call., 1897-07-20
Dismissal Of the Accusa-
tions Against Marriott
and Others.
Campaign Publications That
Gave Pain to a Sensitive
Judicial Aspirant.
s. M. shortridge's Victory in the Mar
riott Case Broke the Back of
the Prosecution.

Judge Dainger6eld of the Superior Court
yesterday dismissed the libel charges
against Frederick Marriott and others,
on the motion of the prosecution, thus
setting the seal of failure on an attem pt to
punish citizens for their criticisms of q
candidate for office.
The defendants on the calendar were
Frederick Marriott, Thomas S. Williams
Jr., George B. Conant, Benjamin Lucy, A.
L. Casavaw. +. H. Qualman, E. f. Kendall
and I. II. Mccarthy, who were accused of
having libeled Judge J. c. Hebbard be-
cause they denounced him as unworthy TO
be reelected to the Superior Court bench.
In presenting reasons why citizens
should not vote for Judge Hebbard,
the history of his acts in the Peoples
Home Savings Bank litigation was given
to the public. and the lines were drawn
with considerable force. II was shown at
the trial of Marriott who was picked out
as the easiest mark by the prosecution,
that the card of which Judge Hebbard
complained was written and circulated by
committee OF depositors in the wrecked
bank and that they considered themselves
wronged by Judge Hebbard's course in re-
fuslng them the representation on the
board of directors of the bank which they
thought their interests entitled them to.
The litigation over the bankrupt insti
tuition was in Judge bbard's court, and
he had absolute control of the property of
the depositors. They accused him of
using his position on the bench to advance
the material fortunes of certain personal
and political adherents and candidly ex-
pressed their belief that he was unfit for
the high place TO which he aspired
Mr.. Marriott published in the News
Letter the card which so frankly ex-
pressed the feelings of the suffering de-
positors, and, drawing his own conclu-
sions from the premises, the editor backed
up the appeal of the committee with an
article, brief but spicy, which said that
some other man ought to be elected to
take Judge Hebbard's place on the bench.
The trial of Mr.. Marriott lasted several
weeks, the defense being conducted by
Samuel NJ. Shortridge. who secured an ac-
qulttal OF his client, the jury unanimously
agreeing to the proposition that the rights
of free speech and free press ought not
to be abridged. This victory brose the
back OF the prosecution.
Yesterdays scene in Judge danger
helds court was very subdued. When
the cases were called by the court As
sstant District Attorney Walter Hinkle
arose and quietly informed the Judge
that District Attorney Barnes thought
there was no possibility of securing con-
viction and that he was. willing to have
an ordar of dismissal entered.
Attorney julius Kahn, representing
Judge He bbard. coincided.
"Dots that apply TO all the libel cases
on to-day's calendar?" as ked the court.
Mr.. Hnkle responded in the aft native
and 1t was ordered that the last vestage of
the prosecution be wiped from the Judi
cial records of this City and County.
Judgment was also entered generating
rha hopdSman of tho aocusad