The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-04-29

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warrantable litigation between husband
and wife, and of seeking to bring about
a separation between them, contrary to
the statute of Utah territory, and con-
trary to his oath of office as an attorney
at law; and in support of said allega-
/ ton, this defendant alleges upon infor-
nation and belief that on and prior to
the 2Srd day of February. 1894, one
JOHN SMITH AND HIS WIFE,
Jane Smith, were residents of the
county of Salt Lake, territory of Utah.
That the real names of said parties
above referred to as John Smith and
Jane Smith, are known to this defend
ant, but are suppressed for obvious
reasons. and this defendant will furnish
the true names of said parties to said
plaIntlH or his attorneys upon demand.
That on said 23rd day of February
1894 the said Jane Smith, on account of
a temporary and trifling disagreement
with her said husband, became angry
at him, and was induced by a friend of
the said Tatlocl, to visit his office;
whereupon. upon insufficient ground,
and without elaboration, and at the in
stigation and solicitation of the said
Tatock, the said Jane Smith subscribed
complaint charging her husband with
cruelty, and
PRAYING A DIVORCE
and other relief That he said Tatlock
furnished the money and agreed to bear
the expense of said action, and ad-
Vanced the fees necessary to file said
complaint and to make service thereof
upon the husband. That, acting upon
the advice and upon the instigation of
the said Tatlock, said Jane Smith re-
manned away from her home That the
said husband, upon being served with
process in the cause, Immediately Wis
lifted the Office of said Tatlock.
hn or ,e-fo
him, and explained the trivial
nature of the difficulty between them,
and asked the whereabouts of his wife
IN order that reconciliation might be
erected between them; wherupon the
said Tatlock refused to inform the
husband as to where his wife was
staying, although her whereabouts
were to him well known, and informed
the said Smith that the only communi-
cation which he could have with his
said wife was through him, the said
Tatlock That the said Tatlock mean
while procured from the said wife
HER WATCH AS SECURITY
to him for the fees which he had ad-
| vanced, or which he represented had
been advanced by him. That after
wards the said Tatlock communicated
by letter with the said Smith, and in
formed him that upon the payment to
sixty dollars. he, the said Tatlock,
would consent that the case should be
dismissed. That thereupon the said
defendant, in order to avoid scandal
and notoriety, paid the said Tatlock
the said amount, and that the said
case was thereupon dismissed, having
been pending upon the docket of the
Third district court for a period of
about three days. That thereupon the
said plaintiff and the said defendant,
! husband and wife, resumed their mar
ital relations, and ever since have
| lived together as husband and wife.
| Defendant further alleges that in
| 1892, the plaintiff was associated with
one Stone, of Washington, D. c., as
attorney for
s. C. PANCAKE
in a cause before the general land
office, in which said Pancake was
! plaintiff and Jeremy & Co. defendants;
| that Tatlock, in order to prevent the de-
! PENDANTS from exercising their right to
appeal to the secretary of the interior.
falsely and fraudulently pretended that
Stone was not an attorney for the
| plaintiff; that Tatlock assured Stone
that although he should make these
representations and thereby prevent the
defendants, on account of lack of time,
from serving notice of appeal upon at
| torneys in Salt Lake, he should
BE PAID HIS FEE
although his relation to the cause was
| in reality to remain that of attorney
for Pancake, all of which was grossly
unprofessional and dishonorable and
! the acts of a shyster.
| Defendant alleges the truth of the
| letter complained of in so far as it
charges Tatlock with attempting to ex-
| tort money from the Salt Lake Build
| ing and Loan association.
| Further answering,
BY WAY OF MITIGATION
of damages to which plaintiff might
otherwise be entitled on account of the
publication of the said letter, defendant
alleges that all the facts set forth in
| the fourth paragraph of this answer
were currently reported and believed in
| Salt Lake at and prior to the publica-
! ton of the alleged libelous letter, and
were communicated to the defendant,
who believed them.
! Concerning the occasion for the publ
cation of the letter. defendant sets out
| that on September u, 1893, the plain
tiff, as attorney for J. G. Davis, brought
suit against the loan association, in
which relief was sought from a sale
and TO have an accounting between
| Davis and the association; that ap-
pended to the complaint as sec
ond cause of action were certain
FALSE AND SCANDALOUS
allegations regarding the manner in
which the association was conducted;
that the second cause of action was
not filed in cool faith or with any in
tention or desire on Tatlock's part to
obtain any trial of any issue of fact,
and upon information and belief, de-
PENDANT alleges that allegations were
made by Davis through Tatlock's in
stigation for the sole purpose of alarm
land creating dissatisfaction among
them; that in order to give the COM
plant the endorsement of
A REPUTABLE ATTORNEY,
plaintiff caused the name of John NJ.
Zane placed thereon without the lat
ter's authority and against his wishes,
and that Zane. on September Is follow
ing, caused the clerk of the court to
withdraw his appearance; that Tatlock
caused the complaint to be placed in
the hands of a newspaper reporter and
it was published in the Tribune on Sep
TENDER Is, 1898, with
INFLAMMATION AND SENSA-
TIONAL
headlines; that the alleged libelous let
ter was printed and circulated exclu-
Isively to the stockholders of the asso-
citation to contera any possible effect
of this publication. That the general
rumor in Salt Lake prior to the publ
| cation of the letter, was that Tatlock
was guilty of the acts and bore the
reputation indicated by said letter, and
defendant believed and still believes
these reports to be true.