The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-12-29
HUSSEY LIBEL SUIT
THE NEWS AID OBSERVER ON
- NY ANSWERS THE
COMPLAINT.
NO MALICE IN PUBLICATION

The Words Published About Hussey
"weIe Not Composed and Published
by the Defendant Falsely, Wickediy
and Maltc;on~Iy and tor the Purpose
of pjaring IN Plaintiff or 80 Sr'ng
Him Into Publ G scendal. lnIamy
IA. DISGRACE -
NORTH CAROLINA~-Wake County
In the Superior Court.
October Term. 1898.
John B. HusSey. plaintiff. vs.. The News
and Observer Publishing Company,
defendant.
ANSWER.
The defendant above named answer
ing the complaint of the plaintiff a
bove named, says
L. That the words published of plain
tiff by defendant as set out in the com
plant were not composed and publish"
ed by defendant falsely, WickediN and
maliciouslv and for the purpose OF in
Turing the plaintiff OF TO bring him in
to public scandal, infamy and disgrace,
but truly for the causes as set ont IN
paragraph Y, hereof.
II. That, as the defendant is inform
ed and believes, the alleged Iibclous
words in paragraphlI of said com
plant set forth are true OF the PLAIN
tiff, as follows. that is to say that. be
fore the time alleged i'm the complaint
as the time of the publication of the
alleged libel the plaintiff was Dem
ocrat and editor of the Greensboro
Patriot and when Cleveland was
elected President he did apply for and
secure position in Washington as
Chief OF division in the Treasury De-
partment. and that after the election
of Harrison as President he did begin
to get ready to go into the business OF
pension attorney in Washington, and
he did order the clerks or certain of
them in his division to make a list of
the pensioners on file in his division
and said clerks did work for several
weeks in the preparation of said list,
and plaintiff did know that said list OF
pensioners was sacredly kept from pen
sion agents and attorneys and that it
was a crime for him to copy the same
or have it copied for his PERSONAL use:
that Mr.. Window, then Secretary of
the Treasury. did learn of the crime
which the plaintiff had committed and
was on the point of dismisSing him in
disgrace and prosecuting him and the
plaintiff did take to his bed, and it
was generally reported that he had Il
fatal malady and that through the in
tervening efforts of Senator Ransom
and the kindness OF heart of Secretary
Window the plaintiff was permitted
TO return the said lists and resign and
out for this the plaintiff would now be
in the penitentiary mentioned or some
other prison: that plaintiff has been
the Washington correspondent OF the
Winston ''Republican" and the eau
casian" and has helped to harmonic
their respective politics: he is an artful
and INSCRIPTIONS man. a ready writer
and an active gatherer and pcrverter
of news; and that one who is capable
of doing dirty work rs a Washington
correspondent is not a suitable man TO
be chosen as the confidential friend,
the boon companion and adviser of a
man who occupies the highest Federal
position in the gift of North Carolina
that the plaintiff is not a better man
because he was not tried and punish
ed for the crime hereinbefore mem
toned.
Ill., That, as defendant is informed
and believes. the alleged libelous words
in paragraph Ill of said complaint set
forth are true Of the plaintiff, as fol-
lows, to-wit, that the plaintiff does de-
serve TO be in the penitentiary rather
than holdin the office of secretary of
a Senator from North Carolina; that
when the plaintiff was practicing law
at Newton. in said State he did have
notes placed in his hands for collec-
ton; that he did collect money and
~ l., Il,
dred dollars OF Sid HouSton's money:
that he did keep money of Jacob Bost's
and he ought to have been dealt with
at the time and made TO surrender his
license to practice law; that. in the
opinion Of defendant, the plaintiffs
history shows him to be thief. a ras-
cal and a cCnspirator and he could not
get a position on the defendants paper
or any other for the purpose set forth;
that ne did formerly sign his articles
and now signs them as in the com
plaint set forth.
". That the allegations contained
in paragraph ~. of the said complaint
are not true. and defendant alleges
that the plaintiff has been in no wise
damaged by the publication of said
alleged lihelous words
And for further defence. the defen-
dant says:
Y. That it is publishing daily news
paper in the city of Raleigh and as
publisher ard proprietor thereof pub
lisbed the words hereinbefore set
forth. in good faith, as a matter of pub
lie news affecting a public officer and
believing the same TO be true, having
received the information in respect to
plaintiff from reputable men, and the
same also being matter Of general ru
NOR and that the same were published
without malice toward the plaintiff
and not with the motives and for the
purposes alleged in the complaint.
Wherefore defendant asks TO be
hence dismissed with its costs.
II. r. GRAY.
SHEPHERD & BUSBEE,
ARMISTEAD JONES,
AYC0Ck d. DANIELS,
+. W. POU.
Attorneys for Defendant