Daily capital journal. (Salem, Oregon) 1903-1919, 1904-09-05

or thereupon or at any time or at all did
beat, or abuse one, or any of said three
dogs, from the effects Of which, or al
all the said or any of said dogs did die
and denies that said defendant did
beat or abuse any dog or dogs, and de-
mics that said or any Of said dogs at
all died from the effects of said or any
beating at the hands Of plaintiff; and
denies that said plaintiff was or is pos
sessed Of a fiery, hot temper, or that
plaintiG at said time flew into any par
oxysm Of rage.
Plaintiff denies that tho foregoing or
any similar occurrence was reported to
one Of the defendants employees,
one else; or that said employee thereup-
on, or at all Investigated the matter in
or an any one else; or that said
employe thereupon, or at all inves-
tiated the matter in an or any
endeavor to ascertain the truth of
the or any similar affair; or that upon
such or any Investigation the defend
ants employe, or any one else connect
cd with said defendants, was satisfied
that the or any similar matter, so or
at all reported to him, concerning the
or any conduct of plaintiff, was true, or
otherwise or at all than as alleged in
plaintiffs complaint; and denies that
thereupon or at all said employee in good
faith, or verify believing the truth of
the same, or any such report, caused
the said article entitled "Abusive Ca
nine Catcher" to be published in the
defendants newspaper, the Daily Cap
tai Journal, as an item of public news, !
" otherwise or at all than as alleged in
complaint; and denies that J
he same was for no other purpose, or c
With no other motive; and denies that o
he said scandalous and defamatory {
publication was or is an item Of public /
or that the same was news at all; a
md denies that said item was true, or v
hat defendant believes the same to be d
rue, and denies that the said employee $
r defendants belle said item to be true 4
Plaintiff admits that shortly after the II
aid article was published, the plaintiff d
allied at the Office of the said defend a
nts, but denies that he particularly OBJ
to the statement that the de-
,ndants had misdescribed the color of
he dog that had died; and denies that y
objected to any other or less portion :,
the whole Of said scandalous and
sfamatory statement as alleged in !.
complaint; and denies that :.
request, or as a retractiOn of !.
'erything, or anything offensive to ia,
In the said prior publication :
abusive Canine Catcher, IL
in the said newspaper in good !.
18th, an excuse or retraction entitled =
Dog Is Alive" and denies that =
G said article was either an excuse
"A retraction of said first mentioned =
ticle; and denies that the said last
'ntioned article was published at the -,
or any instance or request of the
and denies that in publishing a.,
tn, or either of said articles defend.
Is acted in good faith, or without ="
lice or evil intent; or without any -
tive whatever of injuring or annoy
plaintiff, or that the same were pub ~
as items of public news only, or
or at all than as alleged in
complaint.
FOR his further and separate reply to
.endants' pretended third, further Ro
separate answer TO both the plain. ing
3 causes Of action, and TO their pre-. of
ded mitigating circumstances, al. too