The San Francisco Call. Newspaper, August 2, 1902, Page 1

VOLUME XCII-NO. 63. SAN FRANCISCO, SATURDAY, AUGUST 29 1502. PRICE FIVE CENTS. GAGE MAKES DESPERATE EFFORT TO STAY HEARING OF TESTIMONY IN LIBEL OVERNOR HENRY T. GAGE has at last placed him- self on record as the actual defendant in the libel case which he has instituted against the proprietor and the manager of The Call. Through his attorney, Mr Batt-In-and-Back-Out Moore, the Governor truckled and pleaded to Police Judge Fritz to prevent the trial of the cause which his Excellency says will vindicate his char- acter, cleanse it of stain and wash it in the waters of judicial inquiry. Mr. Butt-In-and-Back-Out made it apparent that Gov- ernor Gage dare not face the consequences of the investigation he invoked. Ee is fearful for the character he pretends to cher- ish. He dreads the developments of an open trial in which his conduct, his official probity and his responsibility to the peo- ple of the State are at stake. Mr. Butt-In-and-Back-Out Moore was characteristically in- teresting yesterday in his a: announced that on a former occasion he had left the courtroom somewhat dramatically. If the exit of a buffoon be dramatic Mr. Butt-In-and-Back-Out was correct. With this preliminary pleasantry he began his comedy. He insulted Judge Sloss by ridiculing his decision. He denounced the Supreme Court by condemning its opinion. He blackguarded the Distriet Attor- ney, accusing him and his deputies of ignorance, inefficiency and conspiracy to defeat Governor Gage’s very natural desire to keep out of court. / Mr. Butt-In-and-Back-Out waxed wroth at the “infamous prosecution” that is striving to drag Governor Gage into a court of justice to defend his own good name. This railroad ad- vocate, chameleon-like, was as changeable as circumstances, as fleeting as opportunity and as indefinable as instinct. In his character of Butt-In he pleaded his friendship t3 the court. That pleading was invariably the pretense upon which to insult Tudge Fritz by assuming with cool insolence his ignorance of his own duties, to strike him under the mask of advice. Then on an impulse this Southern Pacific employe was Back- Out, the lawyer of Governor Gage, wishing Louis P. Boardman in hell and cringing to the court not to force the Chief Execu- tive of this State to defend his name against attack. Then as something very different Mr. Butt-In-and-Back-Out Moore railed against the power of the press and the “power of a wad, inherited or otherwise.” Perhaps he has reason to know that to some inherited wealth there attaches a sting of shame and a lasting stigma and disgrace. With withering phrase that evidently he had taken abundant time to extemporize he railed against the trial. He repeated the arguments he had made before the Superior Court; he quoted again the authorities that a higher tribunal had found worthless; he gave advice, he said, “without cost,” offering it palpably for what it was worth. He was told that the proprietor and the manager of The Call beg for the special prosecution of Governor Gage in the libel suit against them. They want the District Attorney to be ad- CASE and as many legal understudies he chooses to employ. He was reminded of his right to present whatever he may have in the matter of prosecution and, more particularly to his employer, whatever he may possess to soften the indictment of facts which the Chief Executive of this State dreads to hear in a court of Jjustice. But Mr. Butt-In-and-Back-Out Moore would not be moved. Hekicked at the prosecution and cringed to the court. He ranted that the District Attorney either will nbt or cannot prosecuteand Governor Gage dare not. Judge Fritz was begged to listen to a story of collusion, to belisve that the trial is a sham and to decide that the case may not go on. If that decision were ob- tained it would give the Governor of California another oppor- tunity for anotherappeal and another delay, anything to sup- port the bogus pretensions of the Chief Executive in his politi- cal game. Judge Fritz will decide to-day whether or not this delay will be granted and on Monday-the witnesses in the case will present themselves in court. vearance before Judge Fritz. He vised, counseled, aided by Mr. Butt-In-and-Back-Out Moore TAVE Koy TIMEaT A ToRMNEYS OFFICE ODF THIS A S NoOTIEING. His A ti'é}ne y gecures Dela.vyz by Charging Collusion and Induliges in tempts to block :the hean the criminal libel proceedi the People. -vs. John D. Spreck- els- and W.:S."Leake., Governor Henry ~T. Gage, through his mmrne_\", yesterday her, barred the way to-the taking of evidence before Judge Fritz by an inglorious exhibition of “talk- | ing against time.” Vhen Police Judge Fritz called for trial yesterday generz realized that Governor . Gage and A. A. Moore;. the: railroad attorney, | would be “unable to present any | legal reasons for delaying the hearing of the witnesses for the defense. the libel ca it was ally | Simply as a matter of courtesy, | and for no other reason, Moore, | the railroad attorney, was pcr-l mitted to take up the time of the| court by a long argument against 1 the legality of the proceedings, | claiming that they were collusi\'e; and frauduient, and that he hadi the right to examine the com- | plaining witness as to his mo- | tives in filing the information. The Supreme Court and the Superior Court have decided that Governor Gage has no “benefi- / ’ RAllkRoas ATToRNEY A A MOORE L e { the criminal libel proceedjngs. It THE, DLSTRICT NOS Personalities ciary interest” in the libel <nit’E now on the calendar of Pr»licei! Judge Fritz, “and though the|| Governor’s attorney has fre | quently assailed the. integrity -of | ! L. P. Boardman, who -filed xhc’: information in the criminal libei| | , and designated him as a 2 <eixk W PEF7 THE GoverMNor ASSISTANT Tobo 173 © RV . WHITING . . " THE DIaTRICSTY ATTORNEYS OFFICE 1S READS SABE A S 1M ALL OTHER SASES AT A1LL TIMES"® DISTRICT AT T Ny THIS E . F SO T To ComMmE INTo COURT AND FAIRLY | “stranger,” it was in that -very ; "“‘7’ THESE ISSUES” capacity of a “stranger” that| | Gage appeared ,\'cstcrda_v,é "1“ = rRErosy e - — through the representations of "ENDANTS AND REPRE © OF GOVERNOR GAGE, AS THEY APPEARED IN Moore, the railroad attorney AGAINST HIS INI'rl;‘,TrfJ'?'YL;‘;‘['lfi;‘r;‘u ARGUMENTS ON EXECU rl\'}:zoryl;fég?gvéfi'?(?r;gs:;;f\}SATIO]\S Moore Has a Reason. L g Moore, the railroad attorney and representative of Governor Gage, evidently desired further delay for a good reason. There was a general smile in the crowd- ed courtroom when he asked for | two days in which to prepare | . Judge Fritz Will Decide To-Day Whether Executive’s Accusation Shall Be Heard Prior to Trial of Main Issues involved_ himself if he should be given per- mission to examine L. P. Board- man, the prosecuting witness in an . examination of was but a few days ago that Moore andhis associate demand- ing the room in a hurry. ed te immediately proceed with E2 - - E ) | COURTS HOLD GAGE HAS NO RIGHT TO IMPEDE JUSTICE HEY were invited to come into this Court and partlcipate in : ’ the prosecution of what the learned gentleman:is pleased to call “an infamous prosecution.” The echoes of his argu- ments in the habeas corpus case, where he was defending the jurisdiction of the San Pedro Court, show the principle which I seek to invoke here. There is no secrecy, there is no collusion, there is no fraud in the establishment of the jurisdiction. There is no se- crecy, there is no fraud, there is no collusion In attempting to control the prosecution. Two courts have decided that Henry T, Gage, whom the counsel represeuts, is not n party benefieially inter. ested in this proceeding. They have held that he has no right fo appear and attempt to clog the wheels of Justice.—(Extract from ar- gument of Attorney E. F. Preston.) P T Boardman, and when the permission was de- nied, -the attorneys for the:Goy: ernor .insulted the court by leav- Moore’s reasons for- begging | | in the following dispatch re-|San Pedro or District Attorney ceived last eveni indicative | Jones of Los Angeles County of the desperate straits in which J‘ will apply to the Supreme Court Gage finds himsell at the pros-|— pect of a speedy hearing of the | Continued on Page Two. for a delay of two days is shown |.Justice of the Peace Downing of | f i | | Counsél for th;: Defénse Dare Governor to Come to Court and Assist in Prosecution OLICE JUDGE A.J. FRITZ pre- pared yesterday ‘ morning to hear | the . testimony in : the criminal libel | proceedings of the People \'s.‘: | John D. Spreckels and W. S.| | hearing of the evidence by inter- | sought a writ of prohibition on Leake. The defendants and their at-| torneys were present with wit- | nesses, and with the prosecution informed the court that the tak- ing of testimony could begin without further delay. A. A. Moore, a railroad attor- ney, accompanied by an under- study, blocked the immediate posing numerous objections that | the case was a fraudulent one and | that it was collusive. Moore took up valuable time by repeatingl‘ the arguments he made before! Superior Judge Sloss when he libel case: [iF “LLOS ANGELES; Aug. 1.— | Governor Gage and his advisers are straining every nerve to pre- vent Police Judge Fritz of San Francisco trom hearing the. evi- dence of witnesses in the crim- inal* libel casc instituted in his] | court. A secret move was made to-day in order to delay the pro- ceedings, and Gage and his at- torneys are closely guarding the |« particulars. “It is understood- that either €. Campbell.) b AR s || NOTHING STOPS GOVERNOR i FROM AIDING PROSECUTION || {HEY by innuendo claim that the District Attorney’s office not honest, that they won't matters and that your Honor won't compel These zentlemen have been surely there shall he no objection from the defendants, if the Dis trict Attorney's office is ignorant of the facts which go to establish this crime—to assist the District A{torney. ernor, who claims to have heen libeled, ! cinl ucts are under investigation, are either deat or dumb. What 1s | to prevent them from standing or sitting by fhe side I cuting officer, as any other person who has had his and felling the prosecuting oflicsr and giving him fu: in relation to the crime?—(Extract from argument is into these it to be done. | | invited, as | understand—and thoroughly probe Surely neither the Gov- | I nor Mr. Agunirre. whose ofi- of the prose- &oods stolen, | | 11 information | | of Attorney | — | behalf of his client. The attorney was careful ‘in stating that he ap- peared as the representative of Governor Gdge, and then posed as a friend of the court. Police Judge Fritz listened to the arguments and announced railroad that he would render a decision this morning as to whether he would take preliminary evidence on the charge that the libel suit was a collusive one. The main case went cver until next Mon- day morning. MOORE ADMITS HIS DEPARTURE WAS DRAMATIC HE following is a report of the proceedings held yesterday morn- ing befgre Police Judge Fritz, who listened to the arguments in the case of the People vs. Spreckels and Lzake. The Court—Call the case of the peopls Wi Spreckels and Leake, Mr. Whiting—The people are ready. \The Court—Ready to proceed, gentlemen? Mr. Moore—1I have some matter to present to your Honor, but I prefer o wait until the District Attorney’s office is represented, The Court Mr. Whiting is here. Mr. Moore - don't recognize Mr. Boardman as the District Attorney. The Court—Mr. Whiting is the representative | of the District Attorney’s office. Mr. Moore—I did not see him. I don't ses very well without my spectacles. T beg your pardon, Mr. Whiting.. When I was bers be- fore. your Honor, at the previous hearing, Mr. Foote and myself somewhat dramatically lete the presence of the Court—Iit was not inten- tional, however, to be dramatic: we had made an lppvllra!lfln to the Court for leave to exam- ine Mr. Boardman and such other witnesses as might Be necessary for the purpose of to your Horor that the prosecution .::ov‘::\ collusive, and that, while It was. ostensibly and ——— Continued on Page Two.