The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-10-03
A NEWSPAPER QUARREL.
THE DAILY ALTA CALIFORNIA SUED FoR

THE DAILY ALTA CALIFORNIA SUED FOR
TWENTY-FIVE THOUSAND DOLLARS = WAS
THERE CONSPIRACY AGAINST THE BANK
Mr. J. W. Smonton, Of the Associated Press and his
California partners have appealed to the to
their fair fame which they deem injured by sundry
statements issued in the daily Alta California, and
have commenced suit against the proprietors thereof
for alleged libel published in It's columns The COM
plant filed the oath OF September in the Fourth
District Court OF Francisco and in the following
form
In the District Court OF the Fourth Judicial District
Of the State Of California, in and for the city and
county of San Francisco.
George X Fitch. Loring Pickering and James w.
Simonton, plaintiffs, Frederick MacCrellish and
William A Woodward, defendants.
City and County of San FTancisco.-The complaint
or George X Fitch Lorng Pickering and james w.
simonton, BY John =. Swift their attorney, against
Frederick MacCresh and William A. Woodward.
respectfully shows and AYERS as follows
That now and for mere than five years past at said
CITY and county tho said plaintiffs have been ana
still are copartners as Journalistic, and that their
business has been that OF conducting and publishing
in copartnershp two daily newspapers, one known
and called the San Francisco Daily Evening Bulletin
and tho other the Daily Morning CAL
Tho plaintiffs further that the circulation Of their
papers has been large and their profits great recapitu
late the circumstances OF the failure OF the Bank Of
California, abiding 10 IL as "a great public calamity,
causing much distress and alarm in the community y
They further, upon information and belief that
the OF said failure bank the
capital by internal msmanagcment OF its affairs by
| It's officers And these plaintiffs and show that
they have never published any false any unjust
or untruthul comments, editorial otherwise Of
concerning said bank or its management, but have
deavored do their duty TO the public that behalf
Independent journalists, at all times, without fear
/ or favor" That they nor either OF them conspired
gether or with any person or persons to nJure said
bank TO produce financial panic to speculate in
!. values or for any other purpose
They charge that the proprietors Of the Alta, well
knowing the premises, but greatly envying the good
OF these plaintiffs and their success and prosper
ity as JOURNALISTS and especially as publishers and pro-
prieofs OF said newspapers the DAILY Evening Bulletin
and the Daily Morning Cal, and wickedly and ma
liciousy intending TO inure said plaintiffs their good
and fame journalists and inJure their bush
in conducting their said newspapers, did publish
certain 'scandalous, malicious and deiamatory libel
The alleged libel states that Messrs Fitch and Picker
ing RENTED large amounts of money TO Mr.. Simonton
ito speculate in stocks and 20 take advantage Of the
panic which they strove make disastrous pos
sible The Associated Press dispatches, Of which wa
have complained, were purposely used TO affect tho
/ Smonton admits that his partners were sending
him money al the same time be was adj
vsing them that tho bank would fail.
We believe that he lies when he says that OF
these premontons given the public until
the failure We recoIlect that the Commercial Aduer
ttser in New YORK, one of Simontons recent mouth
pieces, predicted trouble in California two three
! days before the failure We satisfactorily show
that a deep-aid conspiracy was made TO break the
bank; that the Bulletin and can the tools OF the
parties operating for mutual interest and IL there
stanch friend OF those journals among the d
rectors OF the bank We can point out the OF such
friendship, and the probable treason that was com
mitted, as well as also the motive Of IT. We only
/
the truth is told the most damnable conspiracy
concocted and the wicked treason will be brought
10 light. How did Mr.. Smonton May last
that the bank on tho brink Of failure? II he knew
IL who told hint II he knew it. why did the Bulletin
and Call strike at the credit Of tho bank We brand
Mr. Simonton one OF the worst scoundrcs that
disgraced journalism"
And the plaintiffs further that tho alleged libel
'tsot forth, gave out and intended IL TO be-
publicly suspected and believed by the people OF this
State and especially by the patrons and subscribers OF
said newspapers Of the plaintiffs the DAILY Evening
/ AL and tha D1iIu Call
tits lad been guilty Of the crime Of conspiracy and
thai they had conspred together and had attempted
TO destroy and had destroyed the credit Of said Bank
OF California by the publication their said newspapers
ofalse OF and concerning Us condition and manage
ment and had, by such false news and untruhul COM
ments caused said bank to suspend, being sound and
capable Of continuing It's business but for such sup
| posed proceedings the parts of the plaintiffs.
| They further that they published mo false
| untruthful comments, !" but only what was
true and with such comments as were just
The plaintiffs also that the defendants gave
and intended TO have the public believe that the BuL
tin and CaA had published and spread false Tin
order produce financial panic,n and had
| spred with certain persons ITO produce said panc'
In order 70 speculate in stocks aud values.
They claim that they thus have been and greatly
injured Ia their good name fame and credit jour
nalsts and especially publishers and propretors Of
said newspapers the Daily Epening Bulletin and tho
Daily Morning Cali and have been suspected by divers
citizens or this State, who had means Of knowing
the false and malicious nature Of the dcfcndants
statements aforesaid, 70 have been guilty Of the
crimes offences and misconduct charged therein, and
have only suffered pccunarly, but have been ue-
prved OF considerable gains and profits which would
otherwise have lawfully accrued TO them IN their SAID
BUSINESS and have been brought into public scandal
fanny disgrace with and among their neighbors and
other good citizens OF this state and have been other
wise injured and damnihcd in their said business
pubishers Of said newspapers and in their credit and
standing as journalists
Ana further that by said foregoing wrongful false
malicious dcfamatory and beous acts and conduct OF
SAID Defendants these plaintiffs have been damaged in
the sum OF SIS 600
| Wherefore plaintiffs bring this suit and demand
judgment against said defendant IN the OF $50 900
and costs OF this action.
/ JOHN " SWIFT, Attorney for plaintiff
State OF California City and County OF San Fran
CISCO ss.-Georgc X Fnch, being duly sworn, says
that he is plaintiff in the above entitled acton that ho
has read the foregoing complaint aud knows the con-
thereof that the true except such
matters as therein stated upon Information and
belief such matters he believes them TO be
true GEORGE X. FITCH
Subscribed and to before me this oath day OF
! September A. d.. ls75-PALMYR g. WooD Notary
Public