The weekly tribune., 1893-11-10

Answer of Phil Gibson to the Complaint
ofH.P. RoIre. Editor of the Leader.
Friday afternoon the attorney for Phil
Gibson filed in the office of the clerk of
the district court the following answer
to the complaint OF II. p. Rolfe, editor Of
the Leader, recently filed in the clerk g
office, claiming $1,000 damages from Mr..
Gibson:
Defendants Answer.
Answering the complaint of the plant
iif herein defendant admits that on the
G}d day of October, 1893, at the city of
Great Falls. he struck with his fist the
plaintiff several blows about the head
and face, but denies that he thereby in
tiicted any great bodily wounds or in.
juries upon the plaintiff, and denies that
the plaintiff was materially injured
thereby.
Defendant admits that at the time al
legged he invited the plaintiff into Bate
mans IL Switzer's store, on Central ave-
nue., in the city of Great Falls, for the
purpose of speaking to him, but denies
that as soon as plaintiff entered said
storeroom the defendant without notice
or warning assaulted, struck, or beat the
plaintiff.
Defendant alleges that the plaintiff is
and at all the times herein referred to has
been the editor and publisher of the
newspaper called the Great Falls Daily
Leader, which has been published at the
city of Great Falls, aforesaid; that the
plaintiff has frequently and habitually
for many months past published in his
said newspaper great variety of un-
truthful, slanderous. and defamatory
statements concerning the father of this
defendant, and had threatened to con-
tinue the publication of such articles for
an indefinite period to come; that the
father Of defendant is man more than
60 years OF age and by reason Of his ad
vanCed age this defendant thought it
would be unseemly for his said father to
engage in a personal encounter with
said plaintiff; that in an issue of the
said newspaper made on the evening of
Saturday, the 2lst day of October, 1893.
the plaintiff published false, scurri-
Gus, and defamatory statement concern
ing the conduct of the defendants ia
ther, and the defendant, at the time of
the alleged assault, invited the plaintiff
into the store of the said Bateman IL
Switzer for the purpose of expostulating
with him concerning the said false,
scurrilous, and defamatory statements,
and for the purpose of requesting him to
discontinue such false and defematory
publications; that the defendant did.
after the plaintiff had entered said store
room at said time, request MIN to dis
continue such publications and to pub
lish retraction of certain of said un-
truthful. defamatory statements, where.
upon the plaintiff fell into violent pas
sion and began to abuse this defendant
in wholly unwarranted manner and to
utter certain false and scandalous
charges against this defendant and be-
gan to wildly gesticulate and wave his
arms, and this defendant, believing, and
having cause to believe and apprehend,
that he was in imminent danger of being
assaulted by the plaintiff, and in self
defense and for the purpose of protect.
ing himself from injury, threatened, as
aforesaid, to be inflicted by the plaintiff
upon this defendant, did strike the
plaintiff various and sundry blows in
and about the eyes, mouth, and head.
Defendant denies that the plaintiff
suffered great bodily or mental pain, but
admits that the plaintiff may have been
for few hours more or less incapaci-
tated from attending to his bust ness
Defendant alleges, however, that the
business of the plaintiff, as it has been
conducted for the past six months, has
been unlawful, in this, that it has con-
sisted largely in the publication of Sian
derOus and defamatory statements con
cerning his neighbors.
Defendant denies that he has ever at
any time threatened to kill the plaintiff
or has any intentions whatever Of killing
the plaintiff unless it be in elf-defense.
Defendant denies that the plaintiff has
been damaged by any act of the defend
ant, in any sum whatever.
Wherefore, the defendant prays that
the plaintiff take nothing by his action
and that he have judgement for his costs
nj Il Eel g. l.