The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-05-19
p. II. Mccarthy Not Pleased
With The Calls Desire for
Prompt Action
Self=ChOsen Standard Bearer of
Union Labor Finds Him
self in Dilemma

insl libel which he mad preferred
against them.
Through his attorney. Mccarthy made
81 plain that he would be perfectly
satisfied 10 have a continuance Of the
case for an indefinite period. But the
defendants in the action took another
view OF The matter. They considered
that II Mccarthy had brought his
action in good faith he should be per
fectly willing TO proceed Immediately.
They expressed a willingness TO let
tae matter so over until the after
noon. if Mccarthy insisted on delay:
and finally agreed TO postponement
until this morning.
Mccarthy and his attorney did not
anticipate this willingness Of his so
called enemies TO go TO trial. The
self-chosen standard bearer Of union
labor had not realized that his blum
was to be called so speedily. p H.
Mccarthy wants TO be indicated slow
ly and by dignificd degrees Not for
Dim. i he can escape 1t. any process
~ law that goes at once to the core
of tle complaint and sets accuser and
defendant before the public in their
proper lights. He prefers a leisured
progress through the courts, taking no
account OF time
DEFENSE ASKS PROMPT TRIAL
But that was not the spirit in which
Charles ". HOrBeck and Ernest :
simpson. general manager and manag-
ing editor Of The Call, appeared in
court yesterday morning. Accompanied
hy their attorneys. Walter Bacon and
Dudley Sales they went before Police
Judge Edward p. ShortalI. determined
TO waste DO time in bringing the legal
dispute TO head
Attorney Walter Bacon was anxious
that demurrer 10 the complaint
should be heard in the afternoon. so
that mo case might be proceeded with
immediately But. Cleveland L. Dam
attorney for Mccarthy. would not agree
TO this. He said THAI next Tuesday
was the first day on which he could
conveniently go ahead The insistence
~ the defendants. however. secured an
earlier date The argument on the de-
uurrer VIII be heard before Judge
Shortsli this morning al II O'Clock and
II the demurrer is overruled the case
viii go on at , o'clock Friday after
noon
When Hornick and simpson ap-
peared before Judge ShOrtau for ar
raignment they were accompanied By
Attorneys Bacon and Sales Assistant
district Attorney Robert Duke ap-
peared for the state, Cleveland /. Dam
representing the complainant p IL
Mccarthy.
SPRECKELS SURRENDERS HIMSELF
Although Mccarthy had sworn to a
warrant against John ID. Spreckels.
proprietor OF The Call. it had not been
served and the proprietor Of The Call
- ont In
led by Z Schwab Of the law firm of
Morrison, Cope & Brobeck, Mr.. Spreck-
els went 10 the central station later in
the morning and surrendered himself.
securing immediate release on payment
~ $50 bail. The mornings proceed
ings were not delayed by his absence,
despite McCarthy's attempt to take
adva ntage Of it.
Immediately upon arraignment of
Hornick and Simpson. Attorney Dam
objected that John D. Spreckels. one
OF the defendants. was not in court
Mr.. Spreckels has not been served"
explained Attorney Bacon. we do not
want to delay the matter We are
ready TO go to trial"
Assistant District Attorney Duke
suggested that. in the absence OF
Spreckels, the case might go over for
a few DAYS 10 be set
We do not want il TO go over" de-
dared Bacon We want time only to
prepare = demurrer TO the complaint.
because il does not state an offense.
50 far as it stands. on the face OF il.
81 il were = civil pleading we would
he entitled TO q judgment on the plead
ines.
we can hear that without AR.
Spreckels being present" agreed Judge
Shortal.
DAM PLEADS FOR DELAY
4 haven't an open date until next
Tuesday" objected Dam.
we can hear il this afternoon" in
A isted Bacon. There are certain mat
y CTS pleaded in the Indictment that are
so VIGOROUSLY public that your honor
could take judicial notice Of the facts
Judge ShoTtaIl said that he had not
set looked into the complaint and sug-
eested that the case be set for Friday
afternoon.
we would not consent to a post
ponement Of more than two days" de-
clared Attorney Bacon.
The court finally set the case for
Friday afternoon. bat named this
morning At j O'Clock as the time for
hearing the argument on demurrer.
The understanding viii be that we
viii hear the demurrer ad if the de-
murrer is overruled. we are ready to
proceed forthwith" suggested Bacon.
No OBJECTED Dam- IN strong DIS
approval OF this hesdlong haste.
If the demurrer should be over
ruled we can then set it for trial"
the Judge finally decided.
Owing to the slipshOd manner in
which the .'colloquium" and "innuendo"
Of the complaint were drawn, it will
be necessary to demur in order to
ascertain just what statement or
statements Of the article of news pub
lished in The Call Mccarthy considers
nbelous.
WHEREIN Is THE LIBEL.
Does Mccarthy consider that he was
lfbeled when il was stated that he had
paid a visit to the Office OF William F.
Berrin2 or course. IL such visit is
an act Of such notorious wickedness
that the court can take judicial notice
Of IT. IL is libelous on the face Of the
article to charge Mccarthy with pay
ing such 2 visit If it is not libel per
Sc the law requires that the libel
should be alleged in the complaint.
n or does Mccarthy consider that he
Aas llbeled when it was stated that he
hid consulted with Jere Burke and was
discussing a deal with the republican