The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-06-13
Nathan Kimball, plaintiff,

rlIOIy
Nathan Kimball, plaintiff,
Ogden Herald Publishing Company
Charles w. Hemenway, Lewis W.
Shurtliff, Charles F. Middleton, Nils
@. Flygare, and Edward II. Anderson,
defendants:
"The plaintiff complains and alleges
That, lat the tunes hereinafter mentioned
the Ogden Herald Publishing Company
was, and the same still is, corporation
organized under the laws of Utah Terri
tory; and he further alleges upon his
information and belief that the defend
ants (the Ogden Herald Publishing Com
pany, Charles w. Hemenway. Lewis w.
Shurtliff, Charles F. Middleton, Nils G..
Flygare, and Edward II. Anderson) did,
on the I'd day of June. 1885, at Ogden
liciously print and publish in the Ogden
Daily Herald, a newspaper published
and circulated III Ogden City, Weber
County, Utah, certain false, malicious,
and defamatorv libel of, and con-
corning the plaintiff, containing the
false, scandalous, malicious, defamatory.
and libelous matter following: (Here
follows a portion of an editorial in the
Ogden Herald of June 2d) with intent
then and there to impeach the honesty,
integrity, and reputation of the SAID
plaintiff; and thereby to expose said
plaintiff to public hatred, contempt and
ridicule; that by the committing of said
grievances by the defendants the plain
tiff has been, and is, greatly injured in
his good name. credit, and reputation,
to his damage $4,000.
"Second.-Said plaintiff further COM
plains of said defendant and alleges
that at the time hereinafter mentioned
the defendant Ogden Herald Publishing
Company was, and the same still is, a
corporation organized under the law
of Utah Territory; and plaintiff
and belief that the defendants
(the Ogden Herald Publishing Com
pany. Charles w. Hemenway, Lewis
w. Shurtllff, Charles f. Middleton, Nils
q. Flygare, and Edward II. Anderson)
did, on the I'd day of June, 1885. at
Ogden City, Utah Territory, willfully,
wickedly, and maliciously, print and
publish, and cause to be printed and
published in the Ogden Daily Herald,
newspaper published and circulated in
Weber County, Utah, a certain false,
malicious, and defamatory libel of and
concerning the plaintiff, containing the
false, scandalous, malicious, defamatory
and libelous matter following: Here
the article above referred to is again in
serted.
THAT at the time of said publication,
plaintiff was, and for some time prior
thereto had been, the legally chosen
and qualified and acting foreman of
the Grand Jury of the District Court of
the First Judicial District of Utah Terri
tory sitting in Weber County, and is
still such foreman and acting as such.
THAT by said publication as aforesaid
said defendants meant that plaintiff
was corrupt and susceptible of cor
ruption in his said position of foreman
of the Grand Jury, and that he would
as such Grand Juror, out of hatred and |
malice, and without testimony, indict |
and vote to lndict Mormons for alleged /
crimes and misdemeanors.
That said publication, as aforesaid, |
was made by said defendant, with in
tent to impeach the honesty and in
tegrity, and the reputation of said |
plaintiff in his said Office of fore !
man of said Grand Jury, and with in
tent thereby to expose him in said posi-
ton to public hatred, contempt and
THAT by means of said false and |
publication, the plaintiff |
was. and is, injured in his good |
name end reputation to his damage of |
$40, 900.
Wherefore, plaintiff demands |
Judgment against said defendants |
for the sum of $4,000, and for costs OF
suit
Ransford Smith and J. n. Kimbal, |
attorneys for complainant"