The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-05-18
p. H. Mccarthy, Smarting Under
Expose of Dealings With Her
rims Men, Seeks Warrants
Causes Arrest of Proprietor,
Business Manager and Man.
aging Editor of The Call
Forced to Take Action by De-
mand of Leaders in Union
Labor Party


TITO make good the promise exacted
from him by the members of the
l. conference committee which Sc
lected him as the mayoralty can
didate Of the union labor party, p H.
Mccarthy yesterday swore to three
warrants charging John D. spreckels'
Charles ". Hornick and Ernest 5. Simp-
son respectively proprietor. general
manager and managing editor of The
call. with criminal libel The warrants
were issued by Police Judge Edward P
ShortaH bail being fixed at $50 for each
defendant.
McCarthys attempt at vindication by
means Of criminal charges against The
Call became imperative after the airing
OF the news Of his political connubia-
tion with Jere Burke at the meeting Of
the conference committee held Saturday
night At that meeting Mccarthy was
pointedly asked why. if he was inno-
cent. he had not already taken steps to
punish his accusers and the recon-
mendation Of his name to the county
committee as the candidate for mayor
was made conditional upon his carrying
out Of his threat TO have the persons re-
sponsible for the news arrested
Mccarthy Seeks Warrant
Accompanied by Cleveland L. Dam and
George Appel. his attorneys, Mccarthy
went to the office of the bond and war
rant clerk in the hail of Justice yester-
day morning and presented a complaint
charging spreckels. Hornick and simp-
son with libel Senator Tom Kennedy,
assistant bond and warrant clerk,
handed the complaint to Edgar c. Levey'
the chief clerk. for examination
The complaint recited that Spreckels'
Horniok and simpson were respectively
, roprietor. general manager and man
aging editor Of The Call. "a daily news
paper of large and general circulation"
and that in the issue of May IA they
had caused to be published an article
concerning P. H. Mccarthy, with in
tent thereby to injure and defame the
said P. H. Mccarthy and to impeach
tbe honesty. integrity and reputation
Of said P. H Mccarthy and to expose
him. the said P. H. Mccarthy, to public
hatred and ridicule."
The article published last Friday in
which Mccarthy was charged, with
Michael Casey, Tom Finn and Harry I.
Mulcrevy, with being party to con-
ference with Jere Burke for the pur-
pose Of enecting a combination between
union labor's political strength and the
Herrin machine, was given in full
The complaint concluded with the us
ual statement that this was contrary
TO the form, force and effect of the
statute and with a prayer for the ar
rest Of the defendants.
Complaint Is Defective
This complaint is defective" said
the bond and warrant clerk. "and we
can not issue warrants on the strength
Of it,"
why not?" demanded Dam, taken
aback.
Because the article quoted here is
not libel per Sc" explained Levey In
fact. il is not libel at all. This COM
plaint would be knocked out on demur-
er-"
Ievev then explained TO the attorney
for Mccarthy that "colloquium" was
necessary; that is to say, recital Of
the purport of the article and a state
ment Of the injurious effect intended
by its publication.
Complaint With CoIlOquium
After this lesson in law the trio
went away, returning in the afternoon
with an amended complaint. The col
loouium" recited:
That the aforesaid article means, and
said defendants intended, TO show
and to have the public believe that
said p. II. Mccarthy went TO the office
Of the Southern Pacific company. in
the Flood building. in the city and
county Of San Francisco. state of
California, Monday. the 10th day of
May, 1903, and then and there, in
company with the said Michael
Casey, the Salo lnomds r. fiHi' Iie
said Harry L Mulcrevy and the said
Jere Burke, did then and there plot,
and attempt to plot, for the delivery
OF the union labor party over to
what is known in politics as the re-
publican machine which said re-
publican machine is said TO be DOM
mated and controlled by the said
Southern Pacific company, or some
Of the officers Of the said Southern
Pacific company.
I That the aforesaid article means, and
said defendants intended to show
and TO have the public believe that
said r. H. Mccarthy, at all the times
herein mentioned. was traitor TO
the union labor party. and that, in