The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-10-19
The Iisei Suit Arn,ns, tho Herald

1
court on Friday afternoon, the 18th inst.
The plaintiff in the suit, Mr.. I. L. Conn,
oblivious of the old adsge, "He who is his
own lawyer hath fool for client" finally
concluded 10 act as his own attorney in the
case. In the matter of security for costs in
this suit wherein be alleges damages to him
self TO the amount of $4,000, he took the
"Paaper's OATH" which reads as follows;
Thomas 4. Conn, the plaintiff In this
cause, being duly sworn says that he is t>o
poor to pay the costs in this case, or to give
security there or. Sworn and subscribed To
before me this 10th day of october, A. d.,
1880. W. A. HARDWOOD, District Clerk.
THE PETITION.
L. L. Conn District Court, Dali
vs. las county, October
Pfouts, Elliott & Hall Term, 1850.
To the Honorable the District Court of Dallas
County Texas;
Your petitioner Thomas T. Conn, resi-.
dent citizen of Dallas county, Texas, COM
planning of P..S Piouts,J +. Elliott 81 w. H.
Hall, who are resident citizens of Dallas
county, Texas, and whose full names are not
known plaintiffs, respectfully sheweth that
said Pfouts, Elliott & Hall were, on the 9Th
day of October, 1880, doing busin IS in the
city of Dallas, 10 Dallas county, Texas, I'm.
der the firm name and sly Of Pfouts, Elliott
" Hall, AS owners and publishers ola certain
newspaper called and known MS the Dallas
Duly HERALD; that said paper then had,
and now has, a large circulation in Dallas
county, and also in many other counties of
Texas; that since the llih day of April,
1870 the plaintiff, Thomas L. Conn, has
been practicing lawyer in the state of Tex
ms, and ever has been and still is in good
standing except in so far as his good
name and fame have been affected BY the
wrongful, wicked and unlawful conduct of
said Pfouts, Elliott IS Hall (defendsnts) on
the 9Th day OF October, 1880, that there
fore plaintiff had always been respected and
regarded by all who knew him AS an honest
and truthful man. That on the 9Th day of
October. 1880, the defendants did make and
publish in their said newspaper in said
county and state, of, about, upon and con.
corning the plaintiff, the following wicked,
false and malicious libel, in words as fol.
lows: "a prisoner escapes. Friday night
Charley Moore, q prisoner in the station,
who was arrested by the police on
the charge of stealing spoons from
Woods restaurant, made bold break for
liberty, which he gained, by running over the
turnkey when he opened the cell door. The
prisoners in the cell pretended that they were
fighting, SO says the turnkey, and when he
opened the door to stop them, the prisoner
ran over him."
That the defendants and their employe,
well knew that the plaintiff WAS on the 7th
and Sth day of October, 1880, and had been
for along time.before, the turnkey at the only
police station house in the city of Dallas,
which, station house, the plaintiff alleges to
be.the one intended by, and referred to, in said
libel. That defendant we'll knew that plain
till never had any conversation with them,
nor either OF them, in relation to the escape
OF Charley Moore prior to the publication OF
said libel; that defendants and al
OF their employees well knew
that plaintiff never had any conversation
with them, nor either of them, in relation to
the escape of Charles Moore (prior to the
publication of said libeD, either about OF
concerning the said Moore. That said
Charley Moore was then and is now q very
small and slight built youth Of perhaps OF
all Of Which vss Then ana z now - III nsIii
known to many peonIe Of Dallas c;ty sUd
Dallas county. And might hava hsen tnown ,
to defendants bv the srercise Of dua All
gence Inv them and their emnloyees Ths,
said Charley Moore wss not cbsrcad With
stealiop snoons but wa, arresteI ana ho,a 10
answer 10 The cbarpe NJ nnl,wS,iiv ;r'
terter;np with nrivs.e nronartv yh;nh
defendants might bsve krawn SNo
diligence. That plaiptiG Is LARGO
robust active and nowcrfnllv br;,, mon
which fact was then and IA now known 10
many people of Dallas citv, and Dallas conn 90 "
ty. and might have been known to defenSsn,
Nv EXERCISE of due 5iligencs That n,;or ~
the publication of said article. the plain,;e
had nevm a r, faction csst nnon hi. nn"rana
for courage or ysrso;tv, that said libeI ,bsr
lila =, H. H., &c ;,y ,Li:..st: .'.oN