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


when the defendant in the Tatlock-
McGurrin libel suit rolled up his
cashemeres, grabbed an umbrella ana
through beating rain, over iquidescent
crossings, made his way to the clerks
office, where his answer was filed.
1t denies all material allegations in
plaintiffs complaint and disputes that
the now celebrated circular, exhibit
a" which is made the fundamental
cause of action, was printed by the de-
PENDANT. Denies that it was malicious
ly false, libelous or slanderous, or that
it issued for the purpose of injuring the
name and fame of the plaintiff. Denies
that plaintiff has been disgraced, that
his feelings have been injured either in
the sum of $4,000 or in any sum, or at
all.
THE DEFENDANTS STORY.
For further answer the defendant al
leges that in the month of September,
1888, he was and still is the president
and one OF the directors Of the Salt
Lake Building and Loan association of
Utah. That on or about the 18th day
OF September, 1898, the plaintiff, wrong
ly and maliciously cOnspiring with one
j. IS. Blazer, then and there a director
of said building aud loan association
and for the purpose OF injuring and
bringing discredIt upon SAID building
and loan association, and for the espec-
ial purpose OF discrediting and bringing
reproach upon the. administration
alton by its board of direc-
tors. did cause to be brought in the
district court OF the Third judicial
district of Utah territory, an action
wherein Joseph c. Davis was defend
ant That in said action the said Jo-
seph c. Davis, instigated and induced
thereto by the said Tatlock and the
said Blazer, made various false and
scandalous allegations concerning the
affairs of said association and the con-
duct of its officers in relation thereto;
all of which allegations were intended
and were calculated to affect and de-
stroy the credit of said association,
and to induce the members of said
association TO withdraw their conf
dence from the board of directors, and
otherwise to
CRIPPLE AND HAMPER
the management thereof. On informa-
ton and belief defendant alleges that
the said Tatlock, before filing the said
pose of furthering his unlawful and
malicious design against the said
Building and Loan association as
aforesaid, by giving publicity to the
charges contained in said complaint
caused the same to be placed in the
hands of the reporter Of the Salt Lake
Tribune, and a statement of the cause
of action set forth in said complaint
was published in the said paper on the
morning of the thirteenth day of Sep
TENDER. 1898. That Immediately the
said board of directors of the said
Salt Lake Building and Loan associa-
ton. for the purpose Of counteracting
the effect of the false,
sCANDALOUS AND MALICIOUS
charges set forth in the complaint
aforesaid, caused the said letter, ex-
hibit a. to be printed and to be sent
by mail in sealed envelopes to the
stockholders of the said association;
and this defendant alleges on informa-
ton and belief that the said letter,
exhibit "a" was printed and was as
aforesaid published to the stockhold-
ers of said association for the sole
and only purpose of setting forth the
facts in relation to the said suit of
Joseph c. Davis, and the same is a
fair and reasonable statement OF all
the facts connected Herewith.
And this defendant alleges that the
publication complained of is tru2, and
that said e w Tatlock, plaintiff herein,
lis, and ever since the year 1877 has
been, dishonest in his professional life
and practice, and
HAS BEEN AND IS A SINISTER,
and that the said Tatlock was judicially
determined to be such by the Judgment
of the supreme court of the state of
Iowa, rendered in a cause wherein one
Adye was plaintiff and the said Tat
lock and his co-partners, Hanna and
~ IL tod in Dn
Attn Iowa Reports, and also in the 29th
American Reports; and this defendant,
in support thereof, upon Information
and belief alleges as follows: That the
plaintiff. e. w. Tatlock, in the month
of December, 1874 in Louisa county,
Iowa, was a practicing attorney at law;
that on said date said Tatlock, with
his co-partners, one Hanna and one
Bird, were the attorneys for one Henry
Adye, in a cause wherein Augustus
Reynolds was plaintiff and Henry Adye
was defendant, pending before a jus
tice OF the peace of said county. That
on or about the Sth day of December,
1874. judgment was rendered in favor
Of said Reynolds and against said Adye,
and afterwards, on or about December
%, 1874, the said
.TATLOCK AND HIS CO-PARTNERS,
in consideration of the payment to them
of a fee of $3.50, and in further con-
sideration Of the perfecting of an APP
peal by the said Adye to the circuit
court of said district, promised and
agreed with the said Adye that they
would pay whatever judgment might
be obtained against said Adye by the
said Reynolds, and for the purpose of
securing the said agreement of the said
Tatlock and his co-partneTs, bond was
executed in the penal sum of $120. That
e. l.,
taken to the said circuit court, and the
said fee Of $3.50 having been duly paid
by the said Adye and in favor of the
said plaintiff Reynolds; whereupon the
said Adyc was compelled TO pay the
amount of said judgment, which as
defendant is informed and believes, did
not exceed the sum of 500. That there
upon the said Adye demanded of the
said Tatlock and his co-partners that
they comply with their said agreement.
and repay TO him the amount by him
paid in satisfaction of said judgment in
favor of said Reynolds; whereupon the
said Tatlock
WRONGFULLY AND FRAUDU-
LENTLY
and contrary to good faith and good
morals. set up the plea and defence
that the cor tract so entered into by
himself and his co-partners with the
said Adye could not be enforced, on the
ground that the same was Illegal and
contrary to public policy. That there
upon the said Adye brought suit
against the said Tatlock and his CO.
partners upon said agreement afore-
said, alleging compliance upon the part
of said plaintiff, and the failure and
refusal to perform on the part of said
defendants, and the said Tatlack and
his co-defendants thereupon demurred
to the complaint in such action, and
the said demurrer being sustained, an