The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-07-21
BIG DAMAGES ARE
SOUGHT FROM WARD
Commissioner George G, Phil
lips Files Suit for $4,000
CLAIMS He WAS DETAINED
Attorneys for the Police Commits
sioner File Complaint Against the
Mayor for Statements Which
They Allegc Are Untrue.

AS a sequence of the charges recently
nreferred by Mayor George b. Ward
against Police Commissioner George q.
pb,llins the commissioner, through his
attorneys. CASTOR and Curtis, yesterday
filed suit In the circuit coure against
Mayor Ward. asking damages to phe
amount of $1,000.
The complaint is quite lengthy ana IN
each of the FIVE counts the plaintin al
leges that Mayor Ward FALSELY, man
ciousiy and without probable cause OF
reason therefor" published statements
which greatly DETAINED his character IL
is claimed that the defendant wiekediy
and maliciously published or caused TO
he published false, slanderous and defam-
atory charges" in regard to the plaintiff
1t Is also averred that the said George
b. Ward knew at the time he MADE
such statements that they were raise
and that he made them with the inten-
ton and purpose of defamlng the plain
tim's character. 1t is also claimed that
1t was meant by the charges that the
nlaintiff was a ''dshonest official, untrue
to his trust and using his office to pro-
tect disorderly place of business III
is claimed by the commissioner that the
alleged libelous matter was given to the
public for the purpose OF bringing OPP
probium and stigmas" upon him.
1t is further alleged that as result OF
the charges preferred the plaintiff has
been greatly Inundated with and among
his friends. neighbors aud citizens of the
town and has been brought into disre-
pute."
The following first count Of the COM
plant gives the general idea of the al
legations:
plaintiff claims of the defendant the
sum of SEC, 900 damages, for falsely and
malcously and without reasonable or
probable cause therefor, publishing of and
concerning him In letter which he wrote
and sent to. towit: the Board of Police
Commissioners of BirmIngham, Ala, and
which letter he furnished for publication
In the Birmingham News, daily news
paper published In Birmingham, Ala, and
to the Ledger. daily Newspaper pub
lished in Birmingham, and TO The Age
Herald, daily newspaper published in
Birmingham, the following letter, viz;
July 8. 1905.
To Board of Police Commissioners, City
of Birmingham:
Gentlemen-On information and belief
I herewith charge that George @, Phillips,
member of the police commission of the
city of of Birmingham. has on divers and
sundry occasions been guilty OF conduct
unbecoming to a police commissioner:
such conduct consisting Of intimidatng
members of the police force, OF interfering
with their regular duties of receiving
profits from dsorderly place of business
as a consideration for official protection
extended to said business. All of which
conduct Is the direct violation of duties
of his office. which require him to uphold
the peace and dignity and enforce all the
laws of the city of Birmingham. Respect
fully. tSigned) George p. Ward. And
plaintiff AYERS that on said date. to-wit:
July 8. said defendant did wickedly pub
lish or cause to be published said letter
with intent and purpose of defaming the
defendant to the damage of this defendant
as aforesaid.
In less than thirty minutes after the
suit had been filed which was about 2;3o,
a copy Of the complaint had been made
and was in the hands of the sheriff to be
served on the Mayor, and in the early
part Of the afternoon Deputy Sheriff Joe
Hill had performed the service
Mayor Ward. when asked last night II
he had anything to say about the suit.
replied that ne had referred the matter
to his attorneys. Ed ID. Smith and Frank
s. White. Further than that he had moth
ing to say.