Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1905-09-01
IM'KBLWAY VS.
CALDWELL,
Why Editor Observer Skinned
Editor of Standard.


Forth How Editor MeKeiway Hat
Abused and Baited Him Past Endur
anee, and How Al That He Had 4
Say In His Famous Editorial Hat
Been Deliberately Provoked by tn
Preacher.
Following is the answer Of Mr.. ]
P. Caldwell Of the Charlotte Observer
to the complaint recently filed agains
him by Editor McKelway. Of the Pres
terian Standard:
Answer.
The defendant, answering the com
plant of the plaintiff, alleges:
l. That the allegation contained
in section one of the complaint, tha
the plaintiff Is still citizen Of the
State of North Carolina and the
county Of Mecklenburg. is true. anI
this plaintiff is informed and believes
that the other allegations contained
therein are untrue and denied.
2. The defendant admits the aIle
cations contained in paragraph twc
Of the complaint, that plaintiff va
and Is now a Minister of the Gospel
Regularly ordained. but, as to whetheI
he was and Is in good and re2CE'i
standing and regularly accredited ir
and with the Presbyterian denomii.a'
ton. to which he belongs, this de-
fendant has no knowledge or ihfor.
nation sufficient to form q belief, and
so denies the same, demanding strict
proof thereof. This defendant ad-
mits that the plaintiff Is the editor
of the newspaper or journal styled
the presbyterian Standard" but he
denies that such newspaper or jour
nal, as conducted by the plaintiff. is
a religious paper. AS to the truth
Of the allegation contained In said
paragraph, that the plaintiff Is the
Southern Secretary Of the National
Child Labor Committee and the pur-
pose of said organization, this de-
fendant has not sufficient knowledge
or information upon which to form
a belief, and so denies the same, de-
manding strict proof thereof.
8. The defendant admits the truth
Of the allegations contained in para
graph three of the complaint.
THAT the defendant company is
a corporation.l
4. The defendant admits the truth
Of the allegations contained in para
graph four Of the complaint.
THAT the aforesaid article was
published in the Observer and
Chronicle.l
s. The defendant admits the allie
cations contained in paragraph five
Of the complaint, that it did print
and publish a cartoon or pictorial
caricature, as described in said para
graph, but 1t denies that said car
toon or pictorial caricature had any
reference whatever to the plaintiff.
6. The defendant denies all the al
legations contained In paragraph six
Of the complaint, except that this
defendant did compose, print and
publish and cause to be composed,
printed and published Of and con-
cerning the plaintiff, In said two
newspapers, the articles set forth in
paragraph four Of the complaint.
Z. The defendant denies every al
legation contained In paragraph seven
of the complaint, except that said
article or editorial was printed. pub
lished and circulated Of and concern
ing the plaintiff.
8. Defendant denies the truth of
the allegations contained in para
graph eight Of the complaint.
THAT the Observer and Chronicle
failed to publish a retraction.l
9. Defendant denies the truth of
the allegations contained in para
graph nine Of the complaint.
THAT the plaintiff has been greatly
injured in his good name. credit and
reputation and has been caused to
suffer mental pain and anguish.l
For a further answer and defense
to this action, the defendant alleges:
/. That the alleged libels con-
tanned in the article published by
this defendant on the Goth day of
June 1905. as set forth in the COM
plant Of the plaintiff are true, In
substance and in fact.
2. That said alleged libels were
published by the defendant in good
faith, and that this defendant. at the
time of said publication, believed
them to be true.
3. That the plaintiff Is now. and
has been. for a number Of years. the
editor Of the Presbyterian Standard
a newspaper Of wide circulation
throughout the State of North Caro-
lima. that he was. for nearly two
years prior to the publication Of the
alleged libels. the editor Of The Char
lotte News, an evening paper, pub
lished In the city Of Charlotte and
also of wide circulation: that, as the
editor of The Charlotte News, he
published article after article, attack
ing this defendant and its editor. j,
L
scandalous manner: that, as the edi-
tor of the Presbyterian Standard, he
published a series Of articles. not only
lattacking the defendant and its edi-
tor in false and vindictive language,
but making personal illusions Of the
most malignant character to the said
]. P. Caldwell. editor and president
Of the defendant Company: that
these malicious articles eliminated In
an article published by the plaintiff
on the l4th day Of June, 1905. In
the Presbyterian Standard, which ar
ticle Is as follows:
"An Outrageous Persecution"
THE Standard recently called at
tention to the efforts Of the saloon
papers to discredit the beneficent re-
suits of prohibition. Since that date
the Charlotte Observer has gone SO
far as to publish an interview with
a drummer who Is so disgusted with
our Sunday laws here and the banish-
ment of the saloons, as to prophesy
the speedy erection Of grave stones
for the dead city. OF course the
Anonymous drummer classified him
self in his remarks as did the paper
publishing a slander of its own city