Storke

This is an appeal by the people from an order of court setting aside an information filed charging defend ant with the offense of libel, upon the ground that he had not been properly committed by a magistrate.

The complaint upon which the warrant for the arrest of defendant was issued set forth a part of an editorial article which defendant published in a newspaper wherein, of and concerning the complaining witness, F. H. Lingham, it was said: ‘ ‘ These patriots [meaning the said W. B. Edwardes and F. H. Lingham] have not the odor of ‘Lunnun City’ [meaning the city of London, England], out of their clothes yet, and would to-day deny the government [meaning the government of the United States of America] that protects them, if a dollar balance was on the side of betrayal,” which article so published, “in so far as it states that the said F. H. Ling-ham would deny the government if profit would result to him from such betrayal is false and untrue, and was published by said defendant willfully and with a malicious intent to injure said F. H. Lingham.” At the hearing before the magistrate the entire article, only a part of which was set forth in the complaint, was offered in…