The San Francisco call., 1898-03-26
BOSS REA'S
 FIRST PLAY
 FOR TIME Files a Demurrer to the Complaint of
 Jarman. Unique Argument by the Counsel for the
 Politician. Declares That He Accused the Councilman of No
 Wrong.
QUEER VIEW ADVANCED.
cepted Bribe He Did Not Slander.
Special Dispatch to The Call.

SAN JOSE, March 25.-"Jim" Req has made his first play for time in the suit brought against him by J. P. Jar man for $50,000 damages on a charge of islander. On the day the suit was con- menced Req, in an interview he caused to be published in the Mercury, his acknowledged organ, declared he would make no fight for time, but would gladly meet the issue at the earliest day On that same day he denied that he had used the alleged slanderous language, yet in the demurrer filed by his attorneys to-day, after the full limit of ten days for such filing had ex- pired, no disavowal of the objectionable words is made. After the usual pre- liminary phraseology the demurrer states:
 That said first pretended cause of action Is uncertain in this, to wit: That it cannot be ascertained therefrom what Steam-roller is referred to or that the said Common Councn of which plaintiff was member ever purchased a steam rolleH,, or that any sum of money was expended for Steam-roller by sad Common Council. or that the plaintiff dId wrong in receiving $500, or that there was anything wrong in taking or receiving S900 or that plaintiff was damaged in his busi- ness or reputation or office at all
 That there is no averment showing or tending to show that plaintiff at the time of the utterance of the words charged was a Councilman, or that they affected plaintiff in his office or persona4iy or at all; that 1t cannot be ascertained therefrom to whom the word you" re- fers; and, further, the language used shows that the same was addressed to the plaintiff personally; that there is no averment that the language used was not privileged anu not used on a privileged occasion
 That said second pretended cause of ac- tion is uncertain in this, to wit: That it cannot be ascertained therefrom what steam-roller is referred to. or that the said Common Council of which plaintiff was member ever purchased steam roller, or that any sum Of money was paid for a steam-roller by said Common Council, or that plaintiff did wrong in receiving $900, or that there was anything wrong in taking or receiving $500, or that plaintiff was damaged in hls business or reputation or office, or at all.-
 That there is no aVerment showing or tending to show that plaintiff at the time of the utterance of the words charged was a Councilman, or that they affected plaintiff in his once, or personally, or at all that there is no averment that the language used was privileged and used on a privileged occasion.
 Wherefore defendant prays that plain tiff lost nothing by reason or his sad action and that he be hence dismissed, with his costs of suit.
 The most remarkable feature of this document, as pointed out Dy one or plaintiffs attorneys, is the reiterated averment that there is nothing in the "pretended cause of action" to show that the plaintiff did wrong in receiv- ing $500, or that there was anything wrong in taking or receiving $900." In the cause of action it was alleged that Req had charged Jarman with receiv- ing a sum of money, while a Council man, to bring about the purchase of d steam roller by the city. Such action on Jarman's part, if it took place, is declared by Req through his att0r- neys, not to be wrong.
 Rea's attorneys are H. V. Warehouse, F. J. Hambly and D. W. Burchard. Req had also engaged the services of F. E. Spencer, but this gentleman is pros trated by a severe illness and is unable to attend to any business whatever. D. M. Delrnas of San Francisco has been retained by the plaintiff in addition 10 A. H. Jarman and E. A. Wilcox of this city.
 From every appearance this case, when brought to trial, will prove one of the most bitterly contested and sell sational ever tried in the State. The demurrer will be argued Monday after noon before Judge Kittredge-