The San Francisco call., 1897-05-14
THE ATTEMPT TO INVOKE GAG
LAW FAILS.
S. NJ. Shortridge's Brilliant and Successful
Plea for the Constitutional Rights Of
Press and Citizens.

| juries, or other courts. shall take that right
from the citizen, self-government is at an end
and liberty dream not realized.
| This su bject carries US back to great strug-
| giles. Time was when to criticize men of high
place to be flung into a dungeon, robbed
of property, stabbed in reputation and denied
| The common privileges of citizenship. But i'll
| this country, and we should be grateful for it,
! the people are the source OF all power. Oh-
GERS are not put In their places by divine right
or by appointment from some higher power
| but are chosen by the people, and should act
| Tor the people.
| This, gentlemen. as we shall see, is prose-
| cution urged on against citizen for express
| ing his political sentiments in regard TO a ms n
running for an office. And l say now, and
may have occasion to repeat it, that when l
| see man in public office or seeking public
office that regard as unfit and unfair by vir-
| tue OF passion of ignorance by virtue of
| any OF his surroundings his conduct or his
! life, shall oppose him, l shall denounce him
| with whatever vigor OF Language have, and
would expect every citizen to exercise the
| same privilege; then let the people decide on
| the merits OF the controversy.
l had hoped, gen tlemen, that when the CAM
! paign of 1896 was over, and after the heat, the
, passions, the excitements of the hour were
passed, men would let the campaign end.
| some of you may have championed that peer
| less orator, William j. Bryan; some OF you
may have champloned that mastertul states
man, William Mckinley; some of you may
have expressed yourselves with power and
ylgor and earnestness in favor OF one or
| against the other, and feeling that the
| one or the other was the friend of his country,
| you may have advocated him; or, feeling that
| the other or his purposes or policy was hurttul
and dangerous 10 the country, you may have
denounced him as the enemy of his country.
But are you to be brought into court for eX-
pressing such political sentiments? Is 1he
| citizen TO be pursued for expressing an opin-
| ion concerning public question? Is the citi-
zen TO have the danger of a criminal prosecu-
during campaign, whether it be by spoken
or by written words? That is the question
and that is the issue here.
After discussing the respective parties
to the case and pointing out that while
the State was the nominal prosecutor, in
reality Judge Hebbard occupied that Of
flee, Mr.. Shortridge continued:
Now, the State, through the influence of the
prosecuting witness, has caused an indict-
ment TO be filed against Mr.. Marriott. That
Indictment, gentlemen, was filed by body
OF citizens holding secret session. That body
OF citizens did not know what you know.
Who appeared before that secret tribunal :?
| One who dared not get upon that stand and
| speak to you. Before that secret tribu.. al,
where there was no cross-examina ton, where
| there was no opportunity OF laying the facts,
and all the facts, before the jurors in that
| secret tribun al, the prosecuting witness and
one Richard Dillon appeared and testified
Where was the prosecuting witness here when
| the time came for him 10 speak Where-I
| repeat twas Julius L@sar Bonaparte Heb
| bard Why did he not appear before YOU
| gentlemen, when the opportunity was offered?
Why did he go into the silent cham bers of
| Grand Jury, where many q reputation has
been stabbed, and then not dare TO come
| here, IN the open. where all brave men fight?
1t Is only the coward who goes into the star
cnember; 1t is only the coward who fights in
! the dark.
Gentlemen. he dared not take that witness
stand. Silence, in view of the testimony, is
confession. He dared not deny, under OATH
the testimony OF conduct which WAS grossly
! reprehensible. He daI ed not deny contra
dict the numerous witnesses the defendant
! called to The stand; he dared not deny that he
received those resolutions, passed by the de-
positors. He dared not deny tnat Mr.. Bart
nett, in open court, begged him to desist from
contemplated action-the discharge of that
receiver and the exonerAtion of his
bondsmen. He dared not deny and
would impress this upon you-he dared
not deny that, in the darkness of night, when
home-certainly not attending to court busi-
ness here in this courthouse-he was con-
voniently present to receive the gentlemen
who came in the hack from the hotel then
and there to receive papers and make appoInt-
ments which were utterly void. His silence
gentlemen, when given an opportunity in
open court, protected by the court, is con-
fession that he could not, in honor and in
truth, deny that he has been consorting with
men, and doing things which reflected dis
credit and dishonor upon the bench.
Continuing, Mr.. Shortridge declared no
proof had been made by the other side
that Mr.. Marriott was the actual owner of
the News Letter. An analysis of Mar
riott's editorial criticizing Hebbard fol-
lowed in these words:
man may be the s'tool" of another and be
the soul OF honor and truth. He may be the
tool OF another and be the grea test and best
citizen-the savior Oh his country. And l am
inde bted to a learned and eloquent gentle
man. whose voice has echoed SO often in favor
of freedom and good governmental am in
debted 10 one who sits in this courtroom now
Tor this thought: That a man may be the
tool OF designing, ambitious politicians, when
his heart was purer, his char acter spotless,
and his services the greatest tnat were ever
given to our beloved country.
a lew years ago. one whose name is upon
all lips, whose image is in every heart, whose
services have done more for this country than
all beside, was induced to go into a scheme-a
political adventure-and was urged to seek
the nomination for the third term for Presi-
dent of the United States; designing. am
bilious men poured euloey into the ears of
beloved Ulysses s. Grant, and urged him to
seek high place third time, and those who
loved him most, those who spoke his name
w i,,ut In vfv ty,. h