The San Francisco call., 1909-06-11
SHORTALL TO RULE
ON MCCARTHY LIBEL
Question of SuffiCienCy of Com
plaint to Be Decided by
Police Judge Today
Attorneys Argue Case on Legal
Points and Decision Is
Reserved

Police Judge ShortaI1 will rule this
morning whether or not P H. Nc
Carthy was nbeIed by The Call when II
published news of the conference OF
Mccarthy. Mulcrevy. Casey, Finn and
Jere Burke. The case was submitted
yesterday and the court announced that
it would decide it at 10 o'clock this
morning. If the courts decision is
that there was no libel the case will
be dismissed; otherwise John d.
Spreckels, Charles W. Hornick and
Ernest S. simpson will be held for trial
in the superior court.
In arguing the case yesterday At
torneys Walter Bacon and Dudley
Sales. appearing for the defendants
contended that the complaint did not
set up a cause OF action and that the
article complained of did not constitute
libel
JUDGE SHORTALL SMILES
Attorney Cleveland L. Dam. repre-
senting Mccarthy. declaimed passion
ately OF the alleged Nervousness OF the
article and boldly insisted that IL con-
stituted what the law calls libel per
7
ly when this latter contention wasO
made and directed Attorney Bacon not
to bother about answering 1t. as he
did not attach serious Importance TO it..
Attorney Dudley Sales pointed out
that. although the claim was made that
Mccarthy would have sacrificed the
rights of union labor by attending the
conference. all that was alleged to
prove this was that there was a re-
publican machine and a labor party
and that Mccarthy was a labor leader.
IF the pleader had set forth the
peculiar character OF the republican
machine" continued Sales. 'and had
explained why man cOnferring with
its leaders would sacrifice his party,
the pleadings might have been suff-
cient. But we have no idea from the
complaint what the rights of the union
labor party are. We are not shown
that the Southern Pacific machine is an
octopus that devours any party whose
leaders confer with it."
In reply Dam laid stress upon the
doctrine of judicial notice. and growing
that the article was not only libelOus
by innuendO. but also per Sc
rs it libelous per Sc to discuss poll
tics with the leaders Of a rival party?'
asked the judge.
1T is libelous per Sc" thundered
Dam. "fOr leader to sit down for the
purpose OF delivering his party TO an
other party for his own profit. IL is
the greatest of treachery. 1t makes
that little act of Benedict Arnold pale
into insignificance."
Referring to the article as "scurri-
lous," Dam told of the excitement it
caused in the union labor conference
committee. He characterized The
Call as the organ of the present ad-
ministration and said that Mccarthy
was regarded as a menace to the
administration.
The Call didn't publish this article
because 1T loved Mccarthy" he said;
lit looks TO me very much like libel
per Sc"
Bacon turned a bright light on the
inadequacy of the pleadings of the
complaining witness by showing that
IL would have been necessary. to prove
libel TO make out Jere Burke a diseN
reputable character.
They ask you." declared Bacon. ito
take judicial notice of the fact that
Jere Burke is scoundrel. but they
refrain from alleging It, Why this
reticence?'
Judge Shortal1 announced that he
would render his decision at 10 o'clock
this morning