The San Francisco call., 1897-04-22
. FOR THE LIBERTY
, Of THE PRESS
S. M. Shortridgs Fights for
This in the Marriott
Case.
Gloom OverShadows the Coterie
of Lawyers Tor the Pose.
cution.
Slim Showing Made TO Prove the
Accusation of L b / On Judge
Heb5ard.

cution of the charge OF libel which Judge
J. c. B. Hebbard has preferred against
Editor Marriott of the News Letter. 1t was
evident that the gentlemen regretted their
extreme levity of the previous day and
had determined to make amends to the
propr.eties by increased and superlaiive
severity.
Attorney Julius Kahn, the principal at
torney for the prosecution, who has as.
sumed the burden which in the regular
course Of affairs would fall on the District
Attorney, was particularly funereal, only
relieving the solemniiy of the day with
occasional bursts of eloquence.
The usual questions were proposed to
talesmen for the purpose of testing their
qualifications to act as jurors. 1t was
hoieo that all OF them said they believed
in the liberty of the press. and thought
that judges should submit to criticism the
same as other people
Judge Hehbard sat with the attorneys
for the prosecution as usual and gave
them the advantage of his counsel. He
also kept notes OF the answers OF tales
men.
Deputy District Attorney Hinkle was
again at his post at Judge Hebbard' s
elbow taking the place that from time 10
time has been occupied by District Attor-
ney Barnes and Deputy District Attorney
Black This multiplicity of lawyers for
the prosecution has been one of the spec
tecular features of this Sc.
Willard Perkins received special atten-
ton at the hands of the lawyers. Mr..
Kahn soon satisfied himself and S. NJ.
Shortridge, representing Mr.. Marriott,
after pursuing the usual line of inquiry
for awhile took new tack.
''If a Judge is unfair do you think a
citizen has a right to say so?" asked Mr.
Shortridge.
This threw Mr.. Kahn into paroxvsm
of eloquehce. He declared that the office
OF Judge ought 10 be hedged about with
greater consideration than given to ordi.
nary citizens. He started on q spread
eagle fight of yerbiage that threatened to
mount into the domain of a Fourth of
July Grafton.
But Jnlse Daingerfeid unfeeiingiy in
terrupted the gentleman's fight of ora
tory with a cold, l-gai suggestion shat the
argument was taking wide scope, and
Mr.. Kahn's eagle was left Hopping in the
air.
Mr.. Shortridge said he was willing to
submit 20 the judgment of the court and
the question was allowed.
Mr.. Perkins thought a citizan ought to
have right to eriticise Judge so long
as only the truth was told, and he was
passed by both sides OF the coniro-
versy.
From beginning to end Mr.. Shortrid ge
showed that his battle in this case was for
the liberty of the press and the right OF
American free speech.
Talesmen Brennan and Sheehan were
examined and excused.
At last the necessary twelve good men
= and true" were selected and sworn TO try
the case. Their names are as follows:
Thomas G. Taylor, Adam Wagner, A. NJ
LAWYER, X. GambiIz. D. Farquharsen, R.
kayser ID. B. Collins, William Deeney,
Willard Perkins, W. c. Kramer, Joseph
Simon, Henry Levy.
All parties concerned were so well
pleased With the jury that they agreed to
have recess until o. clock to take breath
for the coming conflict.
In the afternoon Mr.. Kahn made an
opening statement. He said that the
State would do no more than to prove the
charge that the article planned of had
been published. Alter that the defendant
would b com PEELED TO prove the truth OF
tae article aud also that it was published
tor good motives.
Clerk Bunker was called on to read the
indictment, wuich he did in good stvle.
Mr.. S ortridge asked that all witnesses
in the case be excluded from the court
room. including the prosecuting witness,
Judge J. c. 3. Hebbard.
Mr.. HinklA protested. He said that the
presence OF Judge Hebbard was necessary
for carrying out the prosecution. He h d
never before card OF ybody asking for
the exclusion OF q complaining witness in
case like this.
Quite likely that is the truth. admitted
Mr.. Shortridge, as be did not know that
any one before had the temerity 10 ask
that Superior Court Judge be invited to
attend 10 his own business, the business
for which he draws salary, instead OF
remaining in another courtroom where
there happens 10 be a trial going on In
which the people of California appear as
the party plaintiff. In addition to icing
an intrusion the presence OF Judge Heb
bard here interrupts the orderly proceed
1ngs of another department of the court
according to Mr. Shortridge's idea.
The court refused 10 shut out Judge
Hebbard and W. S. Drey po!cher was called
as the first witness for the prosecution.
II. testified that he knew judge Hebbsrd
and Mr. Marriott. He identified a copy
of The News Letter n'aining the article
complained Of by Mr.. Hebbard He read
1t for the first time on the 31St OF October,
1896. Against Mr.. Shoitriaee's objection
he testified that Judge Hebbard was at
that time Judge of the Superior Court
and that Mr.. Marriott was proprietor of
the News Letter.
On cross examination Mr.. Shortridge
drew out the tact that Mr.. Dreypo cher
was an ardent supporter of Judge Heb
6aTo during the recent political cam paign.
nc HanuIed considerable money for the
Judge-about $250-and placed a lot of ad-
vertsing for him. He admitted that he
did everything he could to advance Judge
Hebbard's election
And so did several thousand other
citizens, Interiecte Mr. HinkIe
To this Mr.. Shortridge objected, saving
that he wanted to know whether there
was desire of counsel on the other sice
10 try to send the defendant to jail 5y the
beating OF iom-toms. If Judge He5bard
was chosen by so great q vote as the gen.
tleman suggested, would not that 90 to
show that the article was not considered
in any Ii sht other than that OF ordinary
cam paign literature?
Returning to the main question Mr.
S ortridge wanted to know if Mr.. Dry
polchcr had not been busying bimse1
about the present trial, attending all the
sessions of court, aiding Judge Hebbard
by his advice, and actively advancing his
interests.
Yes, have done my best for Jud -e
Hebbard," said Mr.. Dreypolcher. He is
my friend, and have stood by him."
Mr.. Shortridge-And you are Mr.. Marriott's
oltier enemy. are Vt u not?
Mr. Dreypolcher-Not at all I'm his friend.
nave been friendly with Mr.. Marriott.
Mr. shortridge-Is that your idea of friend
snip, trying 10 send a man TO jail?
mr. Dreyp0lcher (somewhat dazed)-Well, Pm
iaendly to Mr.. Marriott.