The record-union., 1897-03-21

Yesterday afternoon H. Weinstock
commenced a libel suit in the Superior
Court against C. X. McClatchy and v.
S. McClatchy, publishers of the Even
ing Bee" for $4,000 damages and
costs of suit. The complaint reads as
follows:
In the Superior Court, in and for the
County of Sacramento, in the State OF
California.
H. Weinstock, plaintiff VS.. C. K. Nc
CATCHY and V. S. McClatchy, copart-
ners doing business under the firm
name and style of James McClatchy q
Co, defendants.
The plaintiff, complaining, alleges:
That at all the times named herein
the defendants, c. K. McClatchy and
V. S McClatchy, were and they now
are copartners doing business under
the firm name and style of James Nc
CATCHY & Co.; that at all said times
they were, ever since have been, and
now are, the owners, publishers and
proprietors of a newspaper printed and
published in the city of Sacramento,
county of Sacramento, State of Cali
fornia, called the Evening Bee: that
at all the times named in this COM
plant the said newspaper had, and
now has, in the said city and county,
and also in other counties of said State
of California, large number of read
ers and subscribers.
That on the Sd day of March, 1897,
the said defendants composed and pub
iished in their said newspaper, the
said Evening Bee" an article of and
concerning the plaintiff herein, in the
words and figures following, to wit:
"Second-that combine exists in the
iocal Board of Trustees (meaning and
intending thereby the duly elected,
qualified and acting Board of Trustees
of the city of Sacramento), with Presl-
dent Leonard at its head, and includ-
ing besides Wachhorst, Devine, Kent
and Pennish, which combine practical
ly controls the patronage of the city
(meaning and intending the city OF
SACRAMENTO, and in whose names as
sessments are levied by some one on
gambling games allowed to run, and
charges made for municipal appoint
ments under a regular schedule.
"Fourth-That a combination has
been formed of the Trustees referred to
meaning and intending the said Trus-
tees of the city of SACRAMENTO. who
counted on j. G. Davis for support
Cmeaning and intending thereby j. G.
Davis, duly elected, qualified and
acting Trustee of the city of Sacrament
to-, with John A. Sheehan of the
News and II. Weinstock to control
the coming fall election and future pa
tronage of the city.
"Fifth-That under the original ar
rangement Weinstock was to be elected
Mayor (meaning and intending thereby
Mayor of the city of Sacramento), but
that Leonard, the present President of
the Board would himself run, unless
some conditions not mentioned were
acceded to by Weinstock.
''Sixth-That in furtherance Of the
plan to control city matters, a daily
paper is to be started by May 1st of
which John A. Sheehan is to be the
manager and editor, and Won Arnold.
the loser of. the pocket book, the osten-
sible capitalist. with c. E. Leonard,
John We'll and others forming the bal
ance of the Board of Directors. Grove
l. Johnson, H. Weinstock, d. Lubin
and others We're to become stockholders
after incorporation in such a way that
their names would not be known to the
public.
"Sixth-That Won Arnold was to
start in this city huge concert hall,
with women attendants, and a gam
bling hell, and had already arranged
with the Trustees and Mayor (mean-
ing and intending thereby the
duly elected, qualified and acting Trus-
tees and Mayor of the city of Sacra-
mento) for protection for a stipulated
monthly sum, and that the newspaper
was intended to protect his business
interests as we'll as the political and
other schemes of other stockholders.
And also composed and published at
said time, in said paper and in said ar
ticle, of and concerning the plaintiff in
this case, the following. to wit:
Won Arnold does intend to open
gambling hell in Sacramento, and has
made arrangements to pay the Trustees
for protection.
"A daily newspaper is to be started,
and as the parties named are all more
or less interested in it, the inference is
unavoidable as to the uses to be made
of the paper"
And also composed and published at
said time, in said paper and in said ar
ticle of and concerning the plaintiff
herein, the following, to wit:
"Sheehan endeavored to interest Won
Arnold as partner in the Sunday
News and finding that he was not
favorably impressed by 1t. then sug
gested that the Chicagoan meaning
f,ota no
Arnold) join H. Weinstock and himself
in starting a daily paper. which would
not only be a paying enterprise, but
which would also give Won Arnold suf-
ficient power to properly protect his
gambling games from municipal inter
ference"
Plaintiff AYERS that the said publica-
ton and the said article and the said
matters and things hereinbefore set
forth. so composed and published by
the defendants, so far as the same re-
fer to or relate to him, are false, de-
famatory, malicious and unprivileged.
"
That by reason of the said publica-
ton as aforesaid. of said false, defama-
tory. malicious and unppriviledged
matter. the plaintiff has been damaged
in the sum of $4,000 no part of which
has been paid.
Wherefore, plaintiff prays judgment
against defendants for the sum of $50
600 for his costs of suit, and for such
other, further or different relief as to
the court may seem proper.
Dated, Sacramento. March 20. 1897
HOLL & DUNN and
HIRAM w JOHNSON