The San Francisco call., 1898-10-06
PARTIAL VICTORY
 FOR "BOSS" RIA Court Knocks Out One
 Count. DECREASES SUM SUED FOR JARMAN CANNOT GET MORE
 THAN $25,ooo.
In His Answer to the Amended Com. plaint the Defendant Accuses Other San Jose
 Officials.
Special Dispatch to The Call.

SAN JOSE, Oct. 5-The demurrer to the | amended complaint in the Jarman-Rea
 islander suit was overruled in regard to
 the first count and sustained as to the second count by Judge Kittredge this | morning. This Is a partial victory for Req and knocks out $25 900 of the amount of damages asked by Jarman
 ! The court held that in the first count the words There were $9OO paid on the purchase of the steam roller and you re- ceived S400 of 1t" were slanderous in them selves, and the matter would be left to tRe Jury to further ascertain the intent or the meaning of the words
 n sustaining the demurrer to the sec ond count Judge Kittredge claimed the words were not slanderous as used This count was based upon conversation Req mad with $. G. Tompkins in which he cinargeo ir Jarman with having robbed the l cl5X while a member of the Council The uefendants counsel were then given until o'clock to file an answer to the nrst count of the amended complaint. The nearing on this will come tomorrow morning. IT Is along the usual lines and plaint. -A--
 oJ, In all probability the trial will now pro- interruption. For those slanderous re- marks $25,OO0 damages are asked.
 Rea's answer to the amended complaint is unique, and interesting. He makes a general denial of the charges and then goes on the relate the political history he has been threatening to divulge during the trial. It states that on May 14. 1S96 ana prior thereto, the defendant was
 deeply interested in the election of good and capable men to fill the position of Councilmen in said city"
 Before Jarman was nominated for Councilman the defendant induced and solicited plaintiff to become a candidate upon the express understanding ane combine with Councilmen Dittus or krieg; that he informed Jarman that and honest men; Yet, in spite of his warning, Req alleges, Jarman did com pine with Krieg and Dittus.
 Req also alleges that one Sunday night prior to the annual election of police and hremen of San Jose, Jarman, Krieg Main and Dittus met at his house in order to select capable men for places; that Krieg took the defendant to one side and in- formed him that an agreement could be reached If said defendant would pay the sum of S1000 and that Krieg said if the sum was paid, he, Dittus and the plaintiff would agree on the various policemen to be elected.
 at the request of C. M. Hatcher, he spoke to the plaintiff about having property be- longing to the Rhinehart estate put out side the fire limits so the burned build ings could be rebuilt of wood The an swer alleges that the plaintiff said 1t could be done, but that he would not painting of the buildings to be erected without competitions" and thereupon said premises were put outside the fire limits.
 Req tells his old story of the purchase of the steam roller, and as a new feature charges Councilman Krieg with having received $500. He says J. H. Maggard told him that while the city paid S3750 for the roller, his company had received only 5000; that s75O had been paid to Council men and that Krieg got $300. Req al- leges that he then asked Maggard what became of the remaining $450, and the latter informed the defendant that he did not pay the same to other members of the Council, save and except the plain
 From these alleged facts the defendant ayers that he verify believed Jarman not to be good, capable and honest man and without malice and In good faith and to the electors of the city for the purpose of advising them of the. plaintiffs real and that. therefore the words uttered by the defendant were not slanderous and were privileged communication.