The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-03-08
WAS THE COLONEL L|BELED?
II Will Be for the Jury to Find
II Out Soon
THE EXPRESS STANDS PAT
Story of a Tidal Wave That Did Not
Wave at All
And Of a Libel Suit That Promises to Be Lively
and Interesting Before It Is
Concluded

The libel suit OF Colonel Blanton Dun
can of Kentucky against the Evening Ex-
press Company was begun late yesterday
afternoon in Department Six. The plain
tiff is represented by himself and Judge
Arson Brunson of San Bernardino, who
was lately called into the case by the gal
liant Kentucky Colonel. Henry T. Gage
has with him as his junior colleague Mr..
Foley. Major H. q. Osborne was the only
representative of the paper who was
present yesterday afternoon.
| 1t took very short time to impannel
| jury--in fact less than half an hour.
The panel is made up OF Messrs. Charles
| b. Woodhead, William H. button, j. H.
Alexander, l.. r. Paxton. G F.. Brinker-
Browning, r. L. Merideth, W. W. Wild
ney, John Scholl and Joseph Smith
After they had been sworn in Court adj
| journed until this morning.
Colonel Blanton Duncan demands of the
Evening Express the modest sum Of
$40, 000 because that paper, SO he alleges,
| libeled him, and that from the effect OF
such libel his good name and character
or moral worth and integrity received a
severe blow among his friends and &C.
| quaintances
On August 18th of last year the evening
| contemporary published an article in
which the following. headlines appeared:
| She leaves Los Angeles for Montana's
Heights, After Reading Colonel Blanton
| Duncan's Prophecies. She Cannot Sleep
and Flees for Safety" Now this article
was published on the first page in the
most prominent place of the Express, and
| 11c1 In o,,1 I, ,c
alone had the effect of very much dis
| pleasing the Colonel. I malj
| A little further there was another pass
age that aroused the ire of Colonel Dun
can. 1t said that during the past two
months there had appeared in this climate
journal known as he the Peoples Cause
| published and edited by that widely known
| gentleman Colonel Blanton Duncan. He
IS" said the Express, ''the gentleman
whom Judge Ross lectured during the
strike and whose application for ad-
mission to the bar Of the Federal Court
he took under advisement. The news
paper appeared tri-weekly and contained
besides political polemics, discussions
on scientific and other abtruse theses. At
times the various editions of the paper
| contained learned dissertations on psy-
chology, psychometry and psycomachy..
| The alleged iibelous article then pro-
ceeded to tell how Colonel Blantons pub.
|
Professor Falb and added to them the
scientific auguries of the able editor
This matter was treated in such an able
manner (by the Colonel) that it immedi--
/ ately made deep impression on several
aged ladies on the East Side. =. +. One
Of these old ladies gave a sample copy of
the Peoples Cause to pretty Miss Alma
Floyd, and being very susceptible girl,
the thought that an immense tidal wave
would on August 30th, 1894, sweep over
the country and submerge the city, wore
her mind. She could not eat, and sleep
| was impossible.
In conclusion the Express said: "Col-
onel Blanton Duncan can look upon this
| adventure with pardonable pride as ex-
employing not only the power of the press,
but the wonderful fetching powers OF his
scientific analysis and synthesis as applied
sooth-saying.
Proud of having used up all the big
words in the dictionary to tell the story OF
the Peoples Causes prophecies, the in
| fuence of tidal waves and Fabian the
cries upon old ladies and pretty but sns-
ceptible Miss Alma Floyd, the Evening
Express printed a second edition in which
attention was called to the article of the
first edition, which was reprinted in an
other part of the paper. This, likewise,
very seriously ANNOYED the Colonel, and
| having consulted Chase A. Codori Alva
Udell and Mr.. Schwertfger upon the sub
ject of the publication, it was resolved by
them that it was false and defamatory
| and that the defendants knew it to be SO
when they published it. raw
The Evening Express Company, in it's
answer. admits publishing the articles,
but alleges. that the only mistake in them
was in styling Colonel Duncan's paper
the Poop e's Cause instead of the People s
| Union, which was it's name. 1t den. es
| that Messrs. Schwertfiger, Codori and
| Udell, or any other person, understood
the publications to charge plaintiff with
| wrongdoing or with countenancing I'M
| lawful acts and the Express denies that
the Colonel was injured in his occupation
| by reason of the article.
| As to Colonel .Duncan's occupation the
defendant says that it has been informed
| that that consists in his being man of
| great wealth, great learning and great
| leisure, assuming literary pursuits and
using the columns of the public press in
| publishing severe structures upon public
officers and private citizens; publishing
his oral and written arguments in cases
in which he is the plaintiff or defendant,
for the qualification of his personal ambi-
| ton to be Journalist; publishing pre-
dictions, calculations and theories in sup
port of the vagraries of Professor Falb,
political and social events; and publish
ing the results of his alleged uncanny evil
| eye. The Express opines that its article
| did not injure the Colonel in these vari-
Gus occupations.
AS a further answer the Express alleges
that Colonel Duncan claimed, up to the
date of the publication of the alleged libel,
in private and in print, that he pc sessed
occult powers by the means of which he
was able to predict the result Of elections,
meteorological and political events, to
forsee revolutions in governments and
other great social changes; also that he
possessed the NAL occhio or evil eye which
gave him the power to slay or injure his
enemies by looking at them
In conclusion the defendant claims that
! it's article was only intended by it as a
good -natured literary embellishments of
the facts in the Floyd case, and pleads
these facts in mitigation OF damages.
| Wherefore the Express Publishing Com
pany asks that Colonel Blanton Duncan
take none of it's lucre but be made to