The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-02
Butte Department.
Mr.. PINCUS' ANSWER
BE Is Defendant in a Libel Suit for
$4,000 Damages.
IT'S A TICKET BROKERS' WAR
The Defendant Is Sued by David
Coldberg as the Climax to an Ad-
vertIsement Which Appeared
in the Papers-Court Notes.

IN lTC dpoi Soai 'NONOS'
Adolph Pincus. the defendant in the
$50 600 suit for libel brought against
him by David Goldberg in June of last
year. filed a rather sensational answer
in the district court yesterday. The
suit was the climax to a newspaper
war between the two ticket brokers,
during which Mr.. Pincus published,
in an advertisement, some matters that
reflected on Goldberg's honesty and
made some reference to the latter's
career in Leadville. In his answer
Pincus denies any malicious intent in
the publication Of the article and denies
that Goldberg's reputation was dam
aged in the sum Of $4,000 or any other
amount. Further answering the de-
PENDANT alleges that the matters and
things having reference to and pub
lished concerning the plaintiff were
composed and published without malice
or mixture Of malice whatever. and
without any design or purpose upon
the part Of the defendant to cause the
plaintiff any injury or damage what
ever to his reputation or otherwise,
but in this connection the defendant
alleges that the article was published
in good faith, the defendant fully be-
lieving the same to be true. AS a jus
tifcation for the publication the de-
PENDANT alleges that the matter so pub
lished was true and the defendant
gives notice that upon the trial of the
case, and when the same becomes nee
essary. he will establish the truth
thereof.
In mitigation and as an excuse for
the matter and things so published the
answer alleges that during the year 1874
and up TO May. 1895, the plaintiff and
defendant were members of the Amer
lean Ticket Brokers' association and
by the bylaws of the association it
was provided that any member was
liable 10 a fine and expulsion, or both.
upon Its being shown that such person
had been guilty Of conduct unbecom!ng
an upright member of such associa-
tion, or upon IL being shown that he
had violated any of the bylaws or reg
ulations TO the detriment of any other
member In January, 1895. charges
were preferred against the plaintiff. as
a member Of the association. charging
him with uubecOmnE conduct, and
after a regular trial at a meeting of the
association, at which the plaintiff was
present and made a defense. he was
unanimously expelled from the associ-
alton and adjudged TO pay a fine Of
$1,000. which fine he subsequently paid.
The defendant further alleges that the
portion Of the alleged libclous article,
reading q s fOllOws-"In a lonE-Winded
and badly written advertisement a sus-
pended member of the American Tick
ct Brokers association again questions
my enviable position Of subscribing
myself a vice president of the above
organization. His arguments are al
most as lame as his English. 1t may
be an empty honor TO receive the COM
plimentary vote Of Americas greatest
ticket brokers for an honorary office.
hut II Is preferable nevertheless to the
disgrace of being cast out and dis
Countenanced by former fellow MEM
bers. At the last convention Of the
American Ticket Brokers' association.
-. Goldberg was accused of and con
VOTED Of conduct unbcComing a ticket
broker. BY the same body Of men the
vice presidency was conferred upon me,
and the Calling sensation of being
kicked out may somewhat explain the
disconnected dwelling Of the aforesaid
culprit," the defendant had referepce
only TO the fact of the former member
ship Of the plaintiff in the association
and TO the fact that he was expelled.
and It was not published with malice.
The article further stated that Per
sonal responsibility cannot exist where
@ murky and unsaVory record brands
an individual as unfit to enjoy the con
iidence of an indulgent public. For
particulars apply to the citizens of
Leadville, Colorado" This had sole
reference to the personal responsibility
of the plaintim and TO his record as am
individual unfit to enjoy the confidence
OF the public. while and at a time
when he was citizen and residing at
Ieadville. and not elsewhere, and the
defendant in the use of the words For
further particulars apply to the citi-
gems Of Leadville." only intended to al
loge that il could be established by citi-
2ens Of that town that the record Of
the plaintif i'm Leadvillc was murlxy
and unsavory. and that by reason OF
such record he was unfit to enjoy the
confidence OF the public, and not other
wise
As a further mitigation Of the pub
lished article the defendant alleges that
during 1892 the plaintin was resident
of Leadville. and while resident there
he was accused by various and divers
persons. residents and citizens OF Lead
vile, Of the crime of larceny. During.
or about the time the accusation was
made against the plaintiff one OF the
large and prominent daily papers of
that city published and printed an eN-
tensive account of the charges of lar
ceny. The paper was OF large and gem
eral circulation, and the accusations
against the plaintiff were read and
commented upon and was generally be-
heved to be true, and that the plaintiff
was guilty OF larceny For a long
time prior 10 the publication OF the al
legged libelous article by the defendant
the latter had heard of such accusation
against the plaintiff and had heard
various persons discuss il. and had
read of il in the Leadville newspaper.
ami fully and IN good faith believed the
accusation 10 be true. The use Of the
words "murlly and unsaVOry record
referred 10 the Leadville accusation.
and not otherwise. Wines & Wines are
PinCus' attorneys.
Wants "a NV Trial.
The defendants motion FOR a new
trial II tho aasn Of EllzaLntE EaNler