The herald., 1898-04-29
FATHER AGAINST A SON
FAwKEs OF BURBANK BREAKS
OUT AGAIN
JOE ONCE MORE A Defendant
Asked to Give Up SIC, 900 for Alleged
Slanders Of His Papa's Busi-
ness Methods


The Fawkes war has broken out at Bur-
bank worse than ever, but the battle will
be fought in court. There are to be no more
fake bombs dangerously near the elder
Fawkes homestead to disturb old father
Tawkes equanimity but son Joe is by no
means out of the woods yet because Judge
Smith lately decided that the proceedings
by which the Burbank Dogberry held him.
his wife and a hired mechanic under a
peace bond were travesty of justice.
j. W. Fawkes, ST., is after the scalp of
Joe w. Fawkes, jr., and the lovelocks OF
Mrs. Joe w. Fawkes, jr., with renewed
activity. Yesterday he filed his complaint
in suit against his son and his daughter
in-law, from whom he wants $4,000 and
costs for defamation of character.
Old man Fawkes alleges that on Septem-
Der 9th of last year the defendant malic-
iously procured to be published in The Her
aid an article headed and entitled, "A
clever dad who manipulated his sons cash
to advantage, but for himself mainly. and
finally moved a shed at night, while the
Stars and Stripes bid defiance to his off
spring; the conclusion of the old case" and
containing among other things the follow
ing words:
"'For the old man (meaning this plain
tiff is bird, to use vulgarism, and flies
high, and since his arrival in Burbank from
the frigid east appears from what devel-
oped in court, to have feathered his nest
pretty we'll, and also, as 1t seems, at his
sons expense (meaning the defendant,
]. w. Fawkes, jr.) thereby meaning to
charge, and charging the plaintiff with un-
lawfully obtaining property from his own
son and appropriating the same to plain
tiff's own use, thereby charging him with
the commission of a crime.
''And in certain other parts of said libel
Gus article the following words: That he
(meanng ]. w. Fawkes, jr.) was willing
to trust his fathers judgment. and sent
him $4,000, and that they would go shares on
the profits Following the receipt of this
amount young Joe received a most promis-
ing letter or two. and then arrived letter
in which the old man stated that he had
plunked the money on an option on some
land. He begged, for the Lords Sake, to
send another $4,000, inasmuch as the option
had almost expired and he stood to lose the
first amount if he did not pay up. The Sec
ond $4,000 was forwarded, and then on the
same plea a third amount of $4,000 was ex-
ITdCCeu lTOIu yOuIS JOt IlldhillS du dSSIc-
gate amount of s12, 2,OOO,' thereby accusing
this plaintiff of extortion and unlawfully
obtaining money from the defendant Joe
Fawkes, jr., by false and fraudulent pre-
lenses, and charging the plaintiff with a
crime.
"And in certain other part of said libel
Gus article the following words: The old
man advised that young Joe give the mat
10, ;,to oh hot ba xx-aS
Washington. having got out other patents.
and he could have the work done more eX-
pedi.iously and cheaper that he meaning
J. w. Fawkes, jr) could. That was sats-
factory to Joe, and he let the old man take
the matter i'll charge. with the result that
the new machine was duly patented. Joe
had gone on business to Salt Lake and
while there he received letter from his
father, asking him if anyone made any in
quiries of him regarding his new machine.
not to discourage them, and thought he
could sell out his share for $4,000. That
struck Joe as being trifle too funny to be
laughable. He came back to California to
find out just what interest his father
claimed in the machine that he had not a
thing on earth to do with.
Upon putting the inquiry to the old man
the son saw the papers forwarded from
Washington and made a close examination
of them for the first time Half of the
patent is mine," remarked the genial old
gentleman, land there is my name on the
patent; what are you going to do about
it?" For the first time son Joe knew that
he had been played for what the unregen-
crate call a sucker" and by hsl
own father; all of the old mans
actions shone forth in a new light,
and on the patent he (meanlng
this PLAINTIFF demanded his pound of flesh,
thereby accusing the plaintiff of having
procured the one-half of the patent TO his
own use and thereby accusing him of a |
crime"
The older Fawkes claims that all the
charges and accusations made by his son
were false and defamatory and that the
defendant caused several marked copies |
of The Herald containing the article to be |
widely circulated in this county.