The San Francisco call., 1909-05-26
LIBEL SUIT OF
P. II. MCCARTHY
is DISMISSED
Judge ShOrtaII Holds That Com
plant Against The Call Fails
TO AIIege Libel
Claim That Plaintiff Dickered
With Republican Machine
No Cause for Action

~Nhy didn't you think Of that q
week ago.
This question was shot at Attorney
Cleveland J.. Dam yesterday by his
client. P. H. Mccarthy, after Police
Judge Shortall had dismissed the crimi-
nal libel action brought against John
j. Sprecbels. Charles W. Bornick and
Ernest 5. Simpson Of The Call
Mccarthy was angry-there was no
doubt about that Exposed to ridi-
cuIe in a laughing courtroom, his tenn
perature jumped. When Dam attempt
ed TO explain why the defective COM
plaint had been thrown out Of court,
he snapped out the pertinent query
st his iuckless lawyer. Dam discreetly
refrsined from answering his impolite
Silent
Having failed ingloriously in two at
rempts 10 frame complaint of crimi
nal libel which would state q legal
cause Of action for libel against the
proprietor. general manager and man
aging editor of The Cau, Mccarthy
Viii be given a chance 10 try again.
COURT SISTAINS DEMURRER
II the self-chosen standard bearer of
union labor persists in seeking vindi-
cation on 4 charge which has become
the jest OF lawyers, and if he has the
courag &c to face again a courtroom tuil
of snickering spectators, he viii be
given every opportunity by the defend
ants 10 the action. Through their at
forneg. Walter Bacon. The Call men
expressed their Willingness TO go ahead
with the case as soon as Mccarthy sub
mitted q complaint which stated a
cause Of action.
After sustaining the demurrer yes
ierday and striking the case from his
calendar. Judge Shortall gave Mccarthy
uermfssion to file an amended complaint
and promised 10 sign new warrants.
Mccarthy declared his intention TO try
again.
80 far. ii would seem, the action for
7f5el has resulted only in two things
ID mas afforded unlimited amusement
Tor the legal fraternity and II has given
attorney Cleveland /. Dam much
needed lesson fl law
ATTORNEY CAUSES RIDICULE
The first complaint presented 10 the
bond and warrant clerk alleged only
that Mccarthy had been libeled b. the
pablication in The Call of the news
that he had been a party 10 confer
enee with ,Jere Burke, Herrin's chief
political lieutenant, for the purpose OF
erecting q Combination between NC
C'srtls,ss union labor political strength
s~5 tbe republican machine. That
complaint was rejected offhand-
The painstaking Dam overhauled his
1awbooks and embellisheG this rejected
complaint with what the law calls a
..colloouiuur and an 'lnnuendo." Yes
terdsv Judge Shortsll decided that the
eourlsfut was still defective, so Nc
,-arthy and Dam VIII have TO start all
over gain il their thirst Tor Nlndlca-
tion is as keen as ever
Il was Z bitter pill for Mccarthy TO
swallow Deficient though he be in
the sense Of humor, he could not but
feel Ihat he was being made ridiculous
bv his blunderiug attorney. Mccarthy
entered the courtroom looking decid-
edly nervous. The sudden turn which
The proceedings took when Judge
Sho-tau sustained the demurrer and
dismissed the complaint made him ex-
ceedingly angry Hence his outbreak
when Dam offered balm TO his wound
COMPLAINT HELD DEFECTIVE
When the case was called John ".
Burrows. cashier Of The Call. was
called to the stand. AS soon as his ex-
animation was begun BY Dam, At
toraev Bacon. for the defendants, OBJ
5ected on the ground that there was
20 complaint on file stating an offense
and that his clients were in ignorance
of what they were expected to refute.
ANY man that is an attorney" de-
clsred Judge Shortsll. would con-
ce6e that the complaint is defective.
3 think 1t is defective; but I was sat
isfied 10 hear the testimony on this
scanning arrepab blp the
other day. 20 both sides"
i said then,' explained Bacon, that
We were willing and anxious TO go to
trial (Which Is true) upon a case in
which there is q complaint which
states 4 cause Of action"
I think the complaint is defective" !"
interrupted the court; Il have always
thought so; I still think so"
We object for that reason" ex-
planned Bacon. Il don't know where
Mr.. Mccarthy felt ggrieved-whether
81 was because he went 10 see Jere
Burke II that was il we will prove
that he was there. II Il was some
ATTORNEY SAD AND
sFIENT ANGRY
Judge Shortall stated that, as lie un-
Serstood II, Mccarthy complained that
re wss libeled because The Call said
mat ne sat down with what is COM
monty known as the republican ma
chine for the purpose of delivering
the union labor party over TO 1t. He
added that II the defendants insisted
on their legal rights he would have
10 sustain the demurrer. Attorney
Dam expressed his belief that the
complaint was all right, but was will
ing TO amend IL.
The demurrer in this action is sus-
fRfnaC daCfdad ind n
case Is dismissed. for the sole purpose
OF amending the complaint I will
receive warrants and a complaint any
time you present them"
A very SAD attorney and a very an
gry candidate for mayor made their
way out OF the courtroom while the
spectators grinned and chuckled and
those who heard the abrupt interroga-
tfon. "Why ia HI didn't you think
OF that q week agoT so far forgot
themselves as TO laugh outright.