The age-herald., 1899-08-31
FRIES REPLIES
 TO MR. SMILEY Denies Being InStigatorof Breach
 of SromiSe Suit. MISS PTENDER'S AFFIDAVIT She Says She is Responsible for Court Prooeedings-Mr Smiley Still Claims He Was Not En-
 gagged to Her

The statement of James B. Smiley, the defendant in tine breach of promise suit
 instituted by Miss Lizzie Slender, to the effect that Richard H. Fries, the leading counsel for plaintiff, was the instigator of the proceedings, and that it was a black mailing scheme, has brought forth denial from the plaintiff and her attorneys.
 In his connection with the suit, MT. Fries claims to have followed strictly the rules of practice and states that a specific charge of blackmail is preferred against him he will submit the matter to the bar association for investigation.
 MT. Fries was seen yesterday in regard to MT. Smiley's statement and said that MT. Smiley was laboring under an illusion; that he had no part in the affair, except in the capacity of the plaintiffs attorney. He said that when ohe case first came up, Miss 6tender went to several of her friends and asked them to advise her as to what att tomey to employ. Those friends had been good enough to recommend him, and he had consequently taken charge of the case, together with Lame & White as associate counsel.
 Held the Suit for Some Time
 -'If Mr. Smiley will be good enough to tell when. where and at what time har- rassed and threatened him." said MT. Fries, 'I will be able to reply more speci- fically. held the suit off for some time since June 1st-in the hope that some ami cable settlement could be arranged. wrote MT. Smiley. stating that thought could compromise the matter for 5000, and that if he did not accept this proposition, I was instructed to ring suit immediately. He failed to answer and l followed my in- structions.
 ''As to tine defendants charge that it is an attempt on my part to blackmail him, if any reputable citizen of Jefferson county will make formal charge against me to this effect, will see that the Bar associa- tion at once Investigates the case" 70
 A. O. Lane, associate counsel for Miss Slender, authorized the following state ment
 'I am not in the habit of fighting my cases in the public print, and have noth-. ing to say now as to the merits of the case. What have to say in that regard will be said to the court and the jury; but as see from one of the daily papers that MT. Srni- ley ascribes to me the statement that the case had been worked up by MT. Fries, deny emphatfcaly that made such a statement, or anything like it. "Mr Smiley asked me If had personally seen Miss Slender, and I replied that had never met her; that MT. Fries had asso- ciated my firm with him in the case, and that we had jointly brought the suit. I could not have made the statement i'm puted to me, for did not believe then, nor .5 I I,ria l,ad f1,a case, or that he did anything in connec- tion herewith inconsistent with his duty as a lawyer"
 Miss Stender's Affdavit Miss Lizzie Slender the defendant in the case, was in MT. Fries office yesterday. When asked if she wished to make state ment, she gave out sworn affidavit, made before Justice I. H. Benners, which reads as follows:
 ''State of Alabama, Jefferson County Personally appeared before me the under signed authority Miss Lizzie Slender. who, being by me duly sworn, says that her at- tention has been called to an article in The Age-FIerald of this date. in which James B. Smiley tells the public that he never was engaged to be married to me. etc., and that he did not believe the idea of a suit originated with me. In reply l wish to inform the good people of this county that will permit the courts to decide this controversy; and further, that the idea of a suit originated entirely with me, and with me alone. To say that l was influ- enced or led by my attorneys to bring this suit is an injustice to me- as well as to my lawyers, in whom I have the utmost con fidence (Signed)
 MISS LIZZIE STENDER.
 ..Sworn to and in my presence subscribed this, 3Oth day of August, 1899.
 1T. H. BENNERS, J. F."
 MT. smiiey's Statement
 MT. Smiley was shown Miss Stender's affidavit.
 ..Well. I may be mistaken about the suit not having originated with the lady," said he. ''in fact. did not state positively that she was mot the originator of it, though I had a pretty strong impression to that effect. I am glad. though, that she does not say, in her sworn statement; that was engaged to be married to her, for most emphatically was not.
 e..In regard to what her attorney, MT. Fries, says about the blackmailing part . of the affair. I will say that l received a note from that gentleman, saying that if would come to his office he thought the matter could be compromised for small consideration. I didn't answer this note and Mir Fries came to see me, when told him, once for all, that I would positively refuse to put up one cent for compro- mise, as had done nothing that would Warrant me in taking such an action" Miss Slender, tine defendant, is medium sized, rather pretty young woman of ap- parently twenty-two or three years of age. She does not appear to be worried over the outcome of the suit.
 Colonel Neal Arrested