The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-12-21
attorney" Powell and His Wife
Lose a $4,000 Suit.
POST iNTELL,0ENCER WINS.
Publication of story of Alleged
val Owners Of WtIfison's Circus
q Was Not Lfbelous In Itsrff-No
!. Special Damages We're Alleged
= ssft Breaks Down Ennreis-

A sse6o0 damage auGt brought by AT
tornsy.' Charles r. PowsI., alas t@Harfes r.
SiArIu, and Eliza g. P0.e.i. his VILE,
.e.ixsA the Post intesl -gsfsess. for a4sege7l
s.oe,. was tried "a tae superior court yes
fercay TIE result Was a complete victory
for the Post-tn,eli lgeucsF. The Trial Judge.
Judge William MeJusla4d, Of Coifax, who
b. nod.n., court .or Judge henson, decided
that the pubs cation complained OF was not
On ifseIf H1eloiis md that no special c1ff2-
ages Cein9 p!eaded. the Post-Intslligencsr
was sat!tied 20 ii judgment without the H.
teryention OF a jury OF me taking o. tts-
fTaony.
TIE suit OF tn. Poweiis grew out of an
article published III the PCst-inirliisrncrr
On Angus Of the present year. and r.
counting the troubles OF Wilson Word
Wide Wonders. travelling circus waicn
broke up IN Seattle al about ihat me ltss
Powelis claimed to nave "a blA q sale y.
the show, bslt their claim Vas reel5tr4 ~
tins three Blaine men %. III. Naikes. /, a
kenAsdy and Lester ". David. ~bo aiso
claimed To have purchased the circus az
greg CATION from the Original Owner. tert
W!iilsGy. On ths rlgnt ~ JlI} 81 Poweil,
acting. IL seems. OF behalf Of himself ana
is:s wife took possession Of tie circus prop
ersy, oustng tie Blaine nleE. IL II alleged,
ty force. II was a4so claimed that Tree
fight between the eou:euaiu. owners and
their respective followers among the circus
employees Narrowly -aFeTied-
How the Salt Arose.
OF tflS bAStsf-~ III ttlt fotstiuS
men war thar one OF them. O. h. Walker,
show. brought a rep.eyln sui; III the SUI
perfor court 10 regain possession. II was
tn the Post-lDteiigencer's account OF the
'iing Of this suit and the events leading
up 10 IL that the alleged libelous matter
was contained II was feiIo~s.
sunday evening after the audience had
departed and the educated baboon had
gone 20 his rest for the night. there was
ii on 10
Proprietor Walker was iorcihly BUSTED OF
possession hy force ana with armz-'to-
wit. carving knives and other deadly
Weapons Of ike character az the lawyers
say-by Mrs Powell and her husband,
Charles r Powell. IL * alleged with the
active aid OF the roustabeuts u the circus
and Manager Martyr himself. Anyway.
there vas lively row in which Mr.. and
Mrs. Powell came ou, first best"
In dealing With the matter the POsi-Iu-
teliigsncer paid more attention 10 the gro
feaaue features Of the controversy ana did
not &c into any details OF the dispute. Fla,
from msiic'ous!y Intending TO iujnre or
suit, the Post intelligence gave i.ttie heed
TO them. Attorney" Powell, was at that
TIM not nearly 80 notorious ~ ne has since
become. He had local reputation in North
Seattle. but the writer 4 the circus story
had never oven heard Of him or his wife
at the time the suit was brought.
Powell Was Bamnd to sue.
Upon the day following Powel met the
writer Of the circus story and complained
that hls wife had been held up 20 rldicule
by the implication that she had taken par,
IN the alleged row Oh the circus grounds
and on the next day the Fost-Inteilige
published an interview with him denying
that Ms. Powell! had taken part IN thc al
fercaiion. withdrawing The fact that
this Interview was given equal prominence
with the original story. Powell FASTENED
70 his lawyers. both of whom are now
awaiting the result of dsba rmeut proceed
ings for alleged unprofcssioua conduct, and
commenced the suit which has ended 40
isnoniniously for him.
The complaint. in SAioh he aud his wife
were Joint plaintiffs alleged that her repu-
tstion ard his OWN as well had suffered
grea, damage. and that his hardware bust
ness IN North Seattle had been damaged so
greatly that he had been compelled 20 close
II cut within few weeks after the aues
Cd libelous publication.
Extortfon Game Failed.
Finding thst the Post -In,elligencer would
not 20 much az pay a single cent fer the
.ompforDse OF sun So plainly brought for
the purpose a. extortion ard bleckmau
Powell was Compelled 10 go To trial yes
terday-
Since the bringing of the lihcl suit sew
sral things have occurred tending 20 show
that the paucify Or abe English language
makes II difficult e. rrame stat n2eilt
that would libel Powell. ard his unsa&ory
dotngs have been Frequently commented
upon by the newspaper ~ seattle For
this reason, probably. his attorney. upon
tifFttiDE Asft Ni@''. announced ffAf the Sls.J
would D" allowed 20 drop - % The hus-
bands reputation and tried only or the
question OF Mrs. Fpwelis
Mrs Powell waS the first witness called
Tor the pillW!m ard the last AiYnagt the
hrst question: asked her was whether ahe
had fbesn on the circus grounds on she
night OF thr alleged rtW. sad - this gur2-
tien Attorney Il. {. Hughes. who ably De-
Tended the sgit tor she observation-disclosures
objected 81 the ground that Z Was irnrra-
tTr.a| After hearing an argument bv ~.
counsel IN the oaso JudEc Mcdonald said
Rights "f the ruhitc Press
Il shall sustain tAr objection. Una, say
here thar in this ease There. l4 ,4tlv one
thing Tint the plaintiff is rsQufreA - aveve.
under ,hs pie&ttjnkS and thaf s. dan yes
AMI whether "t net under the ples.dinra
damages cnn ho sno@u, is q question"
THAT 5 question Ne shall Y>.i~e ~ hen
va come 20 1T t9tetrsrfea NJ Hughes
Further. thc rule ia " continued Jtl,}..
Mcapnald, 'vh~Te the article : set out iu