The herald., 1896-01-28
|U|NG 70 RECOVER $4,000
Attorney Frank D. Lewis Claims
to Eiave Been LibeIed
SUIT AGAINST THE HERALD
lhe ROieriO Roclia Articles the Basis OF
the Complaint
Tie Specific Language on Which the Alleged
Libel is Brought Set Forth-A Re.
SUIT AGAINST THE HERALD
Tie Specific Language on Which the Alleged
Libel is Brought Set Torth-A Re-
sumo OF the Case

ney's fees, as fixed by the statutes.
Mr. Lewis, after setting forth that the
company is the "owner and publisher OF
certain newspaper of large circulation,
published daily in the city of Los Angeles,
state of California, known as THE Los AN
GELEs HERALD" aud his own previous good
character, goes on at length to give In de-
tail his grounds of complaint.
As his first cause of action Mr.. Lewis al
leges that the defendant malciously and
with intent to defame the plaintiff, pub
lished on January 2l, 1896, a certain de-
famatory article under the following head
lines: ''Rojerio Rocha's Lands-A Tale of
Injustice Done an Indian-Deeded His
Rights Away-He Secures From Him for
$40 Quit Claim Deed to an Estate Worth
Thousands of Dollars" Mr. Lewis then
goes on to construe these headlines, and
the intent with which they were published,
to mean that they were intended to convey
to persons reading the same the charge
that plaintiff had, by sharp practice and
deception, taken an unfair advantage OF his
client and defraudeG him out of an estate
worth many thousands of dollars for q
nominal consideration of only $40. Mr..
Lewis further alleges that certain language
occurring in said article was published
with the same intent and, with the head
PIE. By this Mr.. Lewis thinks that he has
sustained damage in the sum of 50 900.
For second cause of action Mr.. Lewis
alleges that on the oath of January, 1896,
The HERALD Publishing company pub
lished another defamatory article on the
Rocha matter. In this instance the head
lines are apparently satisfactory, but IN
the body of the article appears the follow
ing, to which MIR. Lewis takes exception:
''Be that as it may, Rogerio Rocha is near
ing the Goth year of his age, pauper,
without place to lay his head, while what
ever rights he may have had in the broad,
rich acres of San Fernando, have been lost
to him by the treachery of his attorney"
Mr.. Lewis alleges that this also was ma
liciously published with the intent to con-
vey to persons reading the same the charge
that plaintiff, as an attorney at law, had
been guilty of treachery to his client" etc.
For this he also asks $40 GOO damages.
A brief resume of the facts that have led
up to and caused the filing of this action
against The HERALD would not be un-
timely.
Some days ago the information came to
THE HERALD that up in Soledad canyon.
in miserable shack, there lay dying an
aged Indian named Rogerio Rocha, who if
he had what were reputed to be his rights
his old age should have been passed in all
the comforts that wealth can secure. 1t
was furthermore stated that Rocha had for
ten years been compelled to lead misera-
BILE existence owing to a combination of
circumstances which were stated.
A reporter was detailed to investigate
the case of Rogerio Rocha, and he did SO.
The result of that investigation was print
ed. The only motive of the paper in print
ing any intelligence in regard TO the matter
was to give to the public the details of a
very sad case and to if possible lend its as
sistance to the officials having that case in
hand. in order that justice might be OBJ
tained for Rogerio Rocha. This was the
sole and only object of the publication.
The records disclosed the fact that Roge-
rio Rocha claimed title to certain lands in
the San Fernando valley under q grant
from Micheltorena. Later Pic Pico gave
a grant to e. de Cells of all lands not pre-.
viously granted in the San Fernando valley
for $14, 900. This de Cells grant was sold
to Porter & Macay and until 1878 Rogerio
Rocha remained in undisputed possession
OF his lands In that year an action in
ejectment was commenced against him
and other Indians.
january ", 1878, summons was served
and within the days allowed by law Ro-
gerio appeared by attorney and filed de-
murrer.
March II, 1878, the demurrer was over
ruled and the next day the order was en-
tered and ten days given in which to an
swer. Understand, Rogerio was the only
one of the several defendants who had re-
sponded to the complaint. But his an
swer put in on January %, 1878, through
a mistake of his attorney, was filed in the
name OF Rodrigo instead of Rogerio.
However, not until December l L, 1888,
did the case again come up and then Judge
r. M. Widney, as attorney for Porter and
Maclay, took a judgment against Rogerio
by default, on the ground that he had no
answer in. Thus it will be seen that the
question as to whether Rogerio had any
title to his lands was never determined on
its merits, but by a technicality a judg-
ment against him was secured by default.
Until 1885 Rogerio still remained in pos
session of his lands. Then under order of
The court, the sheriff came suddenly upon
him and elected him and his family. 1t
was one of the most cruel ejectments that
has ever been recorded. 1t has been writ
ten about and investigated by Helen Hunt
jackson and others.
Of course in this litigation Rocha had
several attorneys, and is nowrepresented
by the plairtiff in this action for libel
against THE HERALD, Frank D. Lewis. who
is the attorney for the Mission Indians APP
pointed by the government.
The record shows that August 20, 1892,
Mr.. Lewis took a quit claim deed from
Rocha to himself of all Rocha's rights for
a consideration of $40. Further than this
was regarded as singular ana was printed
as an anomalous fact. Mr.. Lewis lives in
Riverside county and could not be found
to obtain any explanation from.
Later the simple fact reached THE
HERALD that Lewis claimed his deed from
Rocha was a trust deed. Again the rec
ords were searched, but no trust deed
could be found. This fact was printed.
Then some friends of Mr.. Lewis came
forward and stated that Lewis had OBJ
tained quit claim deed merely to protect
Rocha and to prevent designing schemers
from making him drunk and getting deed
from him They also said that Lewis had
3 ven the indian trust deed, which had
not been placed on record. These facts, as
ated, were printed by THE EERALD.
Now, furthermore. it came TO the knowl-
edge OF IIIE HERALD that a syndicate was
forming to push the title held by Lewis,
under the deed from Rocha, to the lands
i'll the San Fernando valley. All of this
seemed unusual and extraordinary. Still,
IN printing all these matters OF record, THE
HERALD had no desire to Go injustice to
Mr.. Lewis. and it did not.
The great and sole fact that it desired to
impress upon its readers, was that Rogerio
kocha was living in squalcr and poverty;
that eighteen years after the litigation was
instituted his title to his lands had not
been wiped out beyond question by the
courts; that this being the case, and the
facts disclosed by the record being con-
sldered, he must have some title; that,
although he had had the advice, counsel
and assistance OF attorneys, the only
actual and positive result accomplished, as
shown by the record, in eighteen years Iiti-
cation, was the deciding away of whatever