The San Francisco call., 1909-06-12
MCCARTHY FAILS TO
CLEAR HIS SKIRTS
Complaint Sufficient" but
'ArticIe Not LibeIous as Cold
BIOoded Proposition of Law"
Judge ShOrtaII Dismisses Libel
Case Against Call; Aims to
Please Both Sides

P. H. McCarthy's attempt to clear
his political skirts of Herrinism came
10 an inglorious end yesterday morn
ing when Police Judge shortan. sitting
as a committing magistrate. decided
that there was no reason why the pro-
prietor. general manager and managing
editor of The Call should be held for
trial in the superior court on the
charge of criminal libel.
Mccarthy was not in court when his
case was given the right about face
and drummed into oblivion, but hls at
torney, Cleveland l. Dam. showed suf
ficient facial chagrin for two. He re-
covered quickly, however, remember
ing, no doubt. that Mccarthy had re-
ceived just about as much ''vindica-
ton" as was coming TO him.
Judge ShortalPs decision was anus
ing in its evidences of a desire to
please both sides. Given as cold
blooded proposition of law" it showed
that the raw was all in favor of the de-
PENDANTS. but there was also balm for
the wounded. feelings of P. H. MeCar-
thy. The judge declared that he did
not believe that the conference of
which news was published in The Call
ever took place-the testimony of the
four eminent labor leaders and of Jere
Burke satisfied him on that point
CONFERENCE DID TAKE PLACE
For the benefit of Judge Shortall of
the four eminent labor leaders and of
Jere Burke, 70 say nothing OF the pub
lie at large, The Call takes occasion to
reiterate that the news of the confer
ence was published, after complete in
vesti cation. on the authority of several
unimpeachable sources of information.
The Call reiterates. on this authority,
that the conference did take place.
With the tact of q polite judge, not
10 say of a politician, Shortall balanced
the scales. of justice with admirable
dexterity in rendering his decision.
Both sides wanted an early hearing
of this case" he began, "and I gave 1t
10 them. But a demurrer was filed. set
ting up technical defense. 1t was al
legged that the complaint was INSULT
cient. The demurrer was overruled.
still believe that the complaint stated
an offense and was a sufficient COM
plaint.
But there was a further ground of
objection" continued his honor, and
that was that no offense of libel mad
been committed. AS to this point the
witnesses for the defense swore that
they were not at any such conference.
and that no such conference took place.
The court is constrained TO believe that
this is true. and that the source of in
formation of The Call was false and
unreliable. I can't understand why
they published the article. The gentle
men who came here TO deny its truth
would not have done so under oath un-
less It was untrue
QUESTION OF LAW
But there is another question. the
question of law. AS Mr.. Bacon. attor-
fo,- he 1oFe 10 FG h1c
il has been the custom from time i'm
memorial for. politicians TO confer on
political affairs. So l hardly think that
the article was libelous. In fact, as a
cold blooded proposition of law il is
my duty to dismiss this case The case
of the people. against Spreekels, Hor-
nick and Simpson is dismissed"