Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1905-07-21
MoKELwAY VS.. CALDWELL.
Editor of the Standard Wants $4,000
of the Editor of the Observer.

OF the Editor OF tne SpseTNeT'
Rev. DR.. A. ]. McKelway. editor OF
the Presbyterian Standard, has COM
menced his suit against Editor j. P.
Caldwell. of the Charlotte Observer.
The complaint was filed with the
clerk of the superior court Of Meek
lenburg on Wednesday. The suit OF
course. is on account of Editor Cald-
wells card OF June 20, and is directed
against both the Observer and the
Chronicle, Editor Caldwell being rep
resented as the owner Of both papers.
In his complaint DR.. McKelway sets
forth that he Is q minister Of the gos-
pel in good standing. that he is editor
of the Presbyterian Standard, and also
southern secretary Of the National
Child Labor committee. He includes
Editor Caldwell's card in full and goes
or to set forth: .
And again on said date, in the af-
ternoon thereof, the defendant did
print and cause to be printed and pub.
iish said article or editorial OF and
concerning the plaintiff, In Its said
newspaper, THE Evening Chronicle,
both said article and editorials being
signed by ]. P. Caldwell. :,
(5). That in the afternoon OF said
goth day Of June, 1905, the defendant
did print and cause to be printed and
published Of and concerning the plain
tiff on the front or first page Of Its
said newspaper. '"The Evening Chroni-
cle," OF issue of that date, cartoon
or pictorial caricature and having
printed below II the words :Another
Tagless Dog''-the whole represent
ing by inuendo and pictorial reference
and meaning, and intending to convey
and in fact conveying to the public
the idea and impression that TINS
plaintiff was a dog running and being
shot at by the police Of the said city
Of Charlotte. !,
(6). That the defendant, well
knowing the facts, alleged in para
graphs one and two Of this complaint
but wickedly and maliciously intend
ing to injure plaintiff, and to bring
him into public scandal and disgrace
on said goth Of June, 1905, In said
city Of Charlotte, county and state
aforesaid, wickedly and maliciously
did compose, print and publish and
caused to be composed, printed and
published, Of and concerning the
plaintiff in said two newspapers.
whereof the defendant was then and
there the owner, controller and pro-
prietor, and said ]. P. Caldwell It's
chief officer and editor-in-chief OF
said 1.-The Charlotte Observer" and In
charge as such officer of both said
newspapers. said false, scandaious,
malicious, defamatory and libellous
matters and article or editorial and
cartoon set forth In paragraph
and 5 Of this complaint.
%. That said articles or editorials
and cartoon so composed, printed and
published by defendant as set out In
paragraphs 4, 5 and Of this COM
plant, of and concerning this plain
tiff, and the matters therein contained
are and were false and defamatory,
and the same were printed, publish
ed and circulated by defendant Of and
concerning the plaintiff as aforesaid,
willfully, wantonly, recklessly and
maliciously and with intent to injure
him in his good name and character
and reputation, as a citizen or the
state and a man, and in his profess
ional character, reputation and stand
Ing as aforesaid.
(S). That plaintiff, in compliance
Will VI 'ShoptSi 49,
of the public laws Of North Carolina
session 1901, at least five days before
instituting this action, did serve and
cause to be served due notice In writ.
Ing on the defendant, specifying saio
articles and editorials hereinbefore re-
ferred to, and the statements therein
which he alleged and alleges Is false
and defamatory. including all the
llibellous statements therein contained
to wit: the whole article and each
statement in detail: and In said notice
plaintiff asked defendant to make
proper correction, apology and retrac
ton, as In said act prescribed, whicf
has not been made.
(9). That by reason Of said false
and defamatory publication and by
means Of the committing Of said sew
eral grievances, the plaintin ha!
been and is greatly injured In hi
good name, credit and reputation, per.
sonally and in his said callings and
profession. and has been caused to suf
fer mental pain and anguish; ano
been brought into public scandal anc
disgrace and into suspicion, contempt
and ridicule; and this plaintiff is 9th
erwise injured to his damage, fifty
thousand dollars.
Wherefore plaintiff demands judg.
ment against the defendant for the
sum Of $4,000 damages. and for costs
Of action.