The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-05-02
SIDNEY Y, SMITH
SUED FOR DAMAGES
Mrs. Jennie Dexter Asks
100000 for Alleged
Libel.
Smiths Response to a Former
Action Led to the Pres.
ent Litigation.
Dr.. McNutt interested in the Dispute
Because He Consented to Act as a
Friend to Both Parties.

Mrs. Jennie B. Dexter and her husband.
Henry S. Dexter, have sued Sidney V.
Smith for 100000 damages for alleged
libel and defamation of Mrs. Dsxter's
character.
The complaint sets forth that on the 7th
of last March Mr.. Smith willfulIy and with
a malicious intent to injure Mrs. Dexter
caused to be printed in the daily Chroni-
Gle OF this city false and defamatory
libel. tending to impeach her honesty. in
tegrity, virtue ana reputation, and
thereby to expose her to public hatred,
contempt and ridicule. The particular
matter complained of and ascribed to Mr..
Smith Is as follows:
81 first met her in 1887" he continued,
"when she came to my Office on some legal
business. transacted business for her from
time to time for considerable period, and
came to be we'll acquainted with her in bust
ness way. There was nothing in the acqualnt-
ance that was not proper. One day she came
10 me and said that her husband was about to
bring suit against her for divorce, and name
me as correspondent.
although such q charge would have been
wholly grOundless, the horror OF 1t and the
distasteful publicity and notoriety it would
bring, seemed so oppressive that / shrank
from encountering it,
dexter, her husband, said it was true he
was going to bring such suit. He said, how
ever, tudI Wnlic uo IuSietcU Oh D eepdI dJlOU, II
che would go away for year, SO that he could
allege deSertion as the cause for divorce, he
would be willing to abindon the more serious
charge, but he said he could not afford to
send her away and support her and her chill
dren during the year necessary to constitute
desertion.
''She appealed to me, and, harassed by the
fear of the threatened charges and without
taking advice, yielded to bad judgment. I
told her would pay over the money-the
amount was $S50O-but | was unwilling to
give 1t to her directly and asked her to name
some one to whom l should pay it for her. She
suggested DR.. McNutt, who was satisfactory 20
me. Igave DR.. McNutt check on the Bank
of British Columbi tor $500, with instTuc-
lions to give her $500 of i mere and to send
her tho balance after she arrived in the East,
was the thing that had been agreed on to
avoid the notoriety, the lear OF which OPP
pressed me, and 1t was to make sure that she
would go that insisted on this arrangement
CATER giving DR.. McNutt the checks for
$500 lett town and remained away for two
or three days. When came back Dr.. McNutt
told me he had found her difficult woman to
paid the full amount, and therefore he had
somewhat exceeded his instructions, paying
over to her the en- tire amount on her promise
to 60 East tonce.
IA few days later 1 saw her on the street
She had not gone away at all realized then
tina had made mistake, and realized II
more keenly when learned aiterward that
q divorce. In snort, found that had been
deliberately victimized. acted then without
advice and dresding the humiliation OF such
a charge as was threatened to be made, al
though 1t was untrue, yielded to bad judy
msnt. Now tn at an threatened again shall