The San Francisco call., 1897-04-29
Attorney S. M. Shortridge
Reads Some Def
nitionS.
Dan M Burns and Dan T. Cole
Were John F. Sheehan's
Bondsmen.
Three Times They Assumed That
Burden, and Attorney Watt Also
Had a Three.Fold Oblig alton.

Whether Judge ]. c. B. Hebbard was O
was not the creature" or "toop' of de
signing men has turned out to be the mos
important point in the libel case agains
Editor Frederick Marriott of the New
Letter, now on trial in Judge danger
| fields court.
Samuel NJ. Shortridge in his opening
statement on behalf of MI. Marriott an
nounced that he expected to justify tn
use or the words to which objection wa
made by showing that Judge HebDard
either Willingly or unwi,tingly. had beer
used by designing men to further thei
own selfish ends
At the morning session Yesterday Mr.
| Shortridge read from the records of Judg,
| Hebbard's court to show that General
John +. Sheehan had been appointed re-
celver OF the Peoples Home Savings Bank
three times by Judge He bbard, and tha,
| In each case his bondsmen were Colonel
| Dan M. Burns and Dan T. Cole, the
amount OF the bond being $4,000.
Another document was introduced to
show that Judge Hebbard relieved the re-
| ceiVer from all liability under his bond
upon his being chosen as manager of the
same bank, and exonerated his bondsmen,
without requiring an accounting from
| him, as the law directs; also that his
| friend James Alva Watt was attorney for
| Receiver Sneehan and for the bank at the
same time.
Then came readings of definitions OF
the words Creature" and tool" concern
ing which so much has been said. The
following was quoted from the Imperial
Dictionary:
Creature, 10. Fr. creature, L. L. creature
See createl l. That which is created; q
thing.
Fuller.
Gods first creature was light--Bacon.
2. created being; any living being.
Yet crime IN her could never creature find
Spenser.
For work the honey bees
Creatures that by rule in nature teach
Inc act OF order 10 a peopled kingdom.
Shakespeare.
Millions of spiritual creatures walk the earth
Unseen both when We wake and when we sleep.
Milton
3. human being. in contempt or endear-
ment; as, an idle creature; what a creature
pretty creature; a sweet creature.
Poor creature,-Johnson.
The world hath not a sweeter creature.-Shakes-
peare.
4. person who owes his rise and fortune to
another; one who is subject TO the will or in
fiuence oi another; al Instrument; tool
Great princes thus, when favontes they praise.
To justify their grace their creatures raise.
Both Charles himself and his creature Land
Mscauay.
Touching the word stool" the sub
joined from the Century Dictionary was
quoted:
Tool, II. 1. A mechanical Implement; any
| implement used by craftsman or laborer at
his work, etc.
. Relates IN II co of tools nv otha yortor.
3. One who or that which is made means
to some end; especially person so used; a
mere instrument 10 execute the purpose of an
other; a catspaw.
4. useless or shiftless fellow In
figurative use instrument is generally en-
ployed a good sense, but tool In g dishono r
able and contemptuous sense; we speak of a
man as the instrument of providence, or as
mere tool OF cunning men.
'In the sense of a dependent beng"
Mr.. Shortridge added, "'English common
law is the creature OF Christianity Am
l not here whom you have made your
creature, that l owe my being to-? These
lines, gentlemen, are from the pen of Ben
Jonson."
The last definition of the term pro.
pounded by Mr.. Shortridge evoked SUB
dued applause. He said: THE word is
used, gentlemen OF the jury. quite COM
monty in the light of an intoxicating
drink, especially whisky"
MIR. Shortridge further quoted: "'Every
creature of God is good, which appeared
TO imply that while some brands OF whisky
| might be better than others, there wa.
probably no bad whisky.
i hnd my master took too much Of the
creature last night, and Is angling for q
quarrel, pursued Mr.. Shortridge. quot
| ing from Dryden's "Amphitryon," and
| thus ended the lesson in the use of an i'm
| portant word in the English language.
Counsel for the prosecution in the course
| OF the trial more than once virtually con.
| fessed that a charge of libel could not be
| maintained on the use of the word "creat.
ure." They were therefore confined tc
the construction which could be put on
the word "tool''
1t was noted that Deputy District At.
torney Hinkle was unusually quiet during
the days proceedings, but Julius Kahn
special attorney for the prosecution, was
as bustling and full OF objections as ever
James Alva Watt was called to the wit.
| ness-stand by the defendants attorney
| Mr.. Watt said he had been an attorney.
| at-.aw for fourteen years. and COMES Sc
| to wide acquaintance with prominent
gentlemen, including General John F.
| Sheehan, General Samuel w. Backus
| General w. Fl. II. Hart, Colonel George
Stone. judge Hebbard, Lawyer III. W.
Hutton and Attorney T. Carl Spelling.
Mr.. watt and Judge Hebbard had been
friends for sixteen years, but were no,
| schoolmaies.
Mr.. Watt had also met T. H. Mccarthy
member of the depostors' committee OF
the Peoples Home Savings Bank. When
| an effort was made to draw out a conver-
| sation between Watt and Mccarthy
which would tend to show the intimate
relations existing between Watt and