The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-09-17
"A $4,000 LIBEL SUIT.
Ex-Judge Henry G. Dibble Sues the
Picayune for Defamation.
An Article Charging Dibble with the
Killing OF West on the Four
teenth of September, 1874,
the Basis of the Suit.
mo. s84g.1

mo. ss4gl
To the Honorable the Judges Of the Circuit
Court Of the United States for the Fifth
Circuit and District Of Louisiana:
The petition Of Henry @. Dlbble. q citizen Of
the United States and OF the State OF Louisiana
and resident Of the city Of New Orleans
within the jurisdiction of this honorable court
respectfully submits:
That Mrs. Eliza j. Nicholson. wife OF George
Nicholson, and the said George Nicholson, who
announce themselves as composing the firm oil
Nicholson Il Co.. are part owners OF and are low
engaged In the publication OF daily newspaper
Ia the city Ok New Orleans which ID known az
and styled the Daiiv Pcapnne.
Petitioner shows that the said George Nichol-
son and his said wife are citizens ofthe State Of
Mississippi: that he. the said George Nicholson
50 q ,clarsd under oath on the twenty fourth
day of December, 1878, and that said declaration
10 nov, Of record iu this ho9Horable court 10 the
case q - ys , Md MAJ q The docket
AYERS that the said George Nicholson and bis
said wife are subject to the Jurisdiction Of this
honorable court.
Petitioner shows that George W. LLOYD. who
resides In tho city II New Orleans IL the an
nounced managing editor OF This newspaper
an" ] be- 1s4 avers that to ssd M4 goG
J. Nicholson and the said George Nicholson
separate In property under the laws OF Louisi-
newspaper. and at present gagged in publish
ing the same and the said George W. Lloyd.
managing editor OF said paper did on Sunday.
the fourteenth day OF September. 1879. In an
edition OF said newspaper, printed and pub
lisnsd that day. publish malicious libel upon
and against petitioner with and for the purpose
Petitioner shows that the said libel so pub
lished by the said Mrs. e. ]. Nicholson and tho
said George Nicholson and the said George W.
persons In the Daily Ifeayne newspaper
aforesaid. In the SAID edition. of u statement
containing false and malicious charge to the
OF an unarmed and detenseless fellow creature,
thereby committing the heinous crime of muir
der. The said false and malicious accusation
ties defendant was contained IN an article
In said newspaper OF said date tbeing what IL
known ma the loading editorial In said issus).
The words contained In said article which pc
titioner nov particularly charges to DO libel
upon him are ~ follows;
teenth Of sshfsmber around the
Custom House, from whose windows many
shots had been fred-on one. especially. by II, G.
Dibhe, then KelogR's acting Attorney General.
by which IN unarmed. crippled re-
porter was killed"
copy of the said edition OF said newspaper
containing the said article, and the said portion
Of the said article containing tho said libel now
charged, are annexed to and made part Of this
petition.
Petitioner now further shows and declares
that on tho fourteenth day OF September. 1874.
being the date referred to In said tarLiele, there
occurred In the city Of New Orleans an armed
uprising against the government OF the State
Of Louisiana; that on that occasion there was
O conflict In the streets OF said city: that on
that day n person we'll known in the city, who
WAS printer and sometime newspaper re-
porter. whose name was J. NJ West. was shot
and killed In the vicinity Of tho United States
Custom House.
Petitioner shows that subsequent to that event
1T was publicly charged that tne said J. NJ West,
Will. walking along unarmed. was Wantonly
shot by petitioner aud killed. Petitioner shows
thnt he Immediately made public denial OF the
said accusation. and that said aceue alton WAS
absolutely false. Petitioner shows that there
ks VEG knsW mi sa
nothing whatever to do with the circumstances.
Petitioner now, shows that the aforesaid
fonrtesnth fay Of september, 187S. BY the said i9
defendants herein. was Intended by said de-
PENDANTS to refer to-. and was 50. phtased and
wOrded AZ to refer to the occasion that petit
toner on September Il. 1874, wantonly shot and
killed, and therefore murdered. the aforesaid
j. M. West. rs before falsely charged upon petit.
toner.
Petitioner shows that the context Of the said
article, and the very words used by said de-
PENDANTS In said publication were 80 intended to
recall the said false acoustic ion.
Petitioner now AYERS that the statement. charge
or accusation. 50 contained Ia he said articleso
published by the said defendants to the effect
armed arm crpued reporter rep er9 was killed meaning
the said J. M. Vest. is absolutely false.
Petitioner now further shows that the said
false charge and publication WAS 80 nude by
the said defendants and published by them In
the said newspaper as aforesaid, with the ma
iictous purpose 9t tnjuring petitioner; Pet-
tendency TO Disgrace him, to arouse the haired
Of his fellow ctizens against him. and ha.
greatly injured him In his business and reputa-
ton. Petitioner shows that said publication
was and is a libel.
Petitioner further ayers that although the
said defendants. Mrs. T.. J. Nicholson and Geo.
Of the publication of said libel. yet that the
Same was published with their full consent and
by their express orders thus Indicating their
Petit ioner now finally shows that the said
Mrs: Eliza J. Nicholson and George Nicholson.
nart owners and sole publishers Of the Daiiy
PicagM1ee newspaper as aforesaid. aud the said
Geo W. LLOYD. managing editor. have. BY the
said publication Of the said wHntou and mali
cious libel against petitioner as herein set
liable to petitioner for actual and punitive or
eXIanmplal damages 10 he sum Of s25. 900
toner Drays that Mrs. E; J. Nicholson, George
and George w. Lloyd may be cited to
appear and answer his petition. and that after
ment may be rendered against them IN s0lido
and In favor Of petitioner. condemning them in
sohdo to pay TO petitioner the sum OF twenty-five
dollars, as actual and punitive or ex-
emplary damages. Petitioner prays that said
defendants may be condemned 10 pay costs.
Petitioner finally prays for al such further
and general relief as the equities of the case
may demand or the law warrant.
HENRY G. DIBBLE.
Subscribed and sworn before me September
49, 1879 T. A. WOOLFLEY,
United States Circuit Court for
the District Of Louisiana.
-~>e
Remember the Memphis yellow fever suffer-
ers, and be present at Grunewaid Hall. Monday