Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-02-22

were lully set forth herein, all that II
said I'm res oect 10 the affidavit to claim
l043l for SlS35, by way Of iustinca-
ton In answering the first alleged cause
Of action I'm plaintiffs complaint, and
Incorporates the same herein by refer
ence and makes the same part hereof as
full as II restated IN this paragraph
2, Defendant further answering said
alleged third cause Of action ana I'm
justification OF the charge that said
plaintiff fed rotten mutton to the IN
mates Of the iniirmary, this defendant
refers to, repeats and makes part here
Of by reference all that II has said I'm
It's plea in mitigation to the second al
legged cause of action, IN respect 20 the
mutton furnished to the inmates OF said
inhrmary,
3, This defendant denies that IN
charging plaintiff with having fed rot
ten mutton" TO the inmates Of the IN
iirmary, while he bought the choicest
cuts Of beef at public expense for his
own table, II thereby intends TO charge
or did charge the plaintiff, with wrong
fully or unlawfully obtaining the prop
erty or money belonging to Salt Lake
county or converting the same to his
own use or thereby committing the
crime OF embezzement,
4. Defendant further denies that said
publication OF said words, figures mat
tiers or things set forth In the article
referred TO In said alleged third cause
OF action were or are false, llbelous or
defamatory, or that by means thereof
the plaintiff was or Is injured I'm his
standing or reputation 10 his damage
I'm the sum alleged In said alleged third
cause OF action.
/ 8. This defendant further alleges that
the statements and charges contained
I'm the article complained OF I'm said third
alleged cause Of action were and are
true, and this defendant published the
same without malice or ill-will against
the said plaintiff but solely as an item
OF news, during political campaign In
salt Lake county, In order TO defeat
II possible, certain candidates for the
Office Of county commissioner, who In
tended n elected, TO retain said Jones
as superintendent Of said innrmary,
whereas this defendant believed in good
faith that the interests OF the public
required his removal from said office,
ANOTHER PLEA or MITIGATION.
/. Further answering the said alleged
third cause Of action and by way Of
mitigation Of damages defendant re-
fers to and makes part hereof, all that
It said In It's plea In mitigation In an
swerlng said second cause Of action, in
respect to the mutton furnished the in
mates Of said innrmary and the inform
alton given this defendant I'm regard
thereto and IN respect TO the informa-
ton derived from said county commits
sioner and said butcher as To plaintiffs
having charged to and collected from
Salt Lake county the account rendered
by said butcher Tor meat and green
groceries furnished TO plaintiffs faml-
~, and Incorporates the same herein
by reference and makes the same a part
hereof as fully as if the same were
specifically restated In this paragraph,
2. And this defendant further AYERS
that said article complained OF I'm said
alleged third cause Of action was pub
lishcd in good faith without malice or
ill-will against the plaintiff, during the
progress of a political campaign IN salt
Lake county, IN order 60 defeat II pos
sible certain candidates for the office
OF county commissioner, who intended,
II reelected to retain said plaintiff
as superintendent OF said in6rmary,
whereas, this defendant believed, In
good faith, at the time OF publishing
said article, that the public interests
required plaintiffs removal from said
office
3. Defendant further denies each and
every allegation in said alleged third
cause of action, not herein specifically
admitted.
AS TO FOURTH CAUSE OF ACTION.
], For answer TO the fourth alleged
cause Of action, this defendant admits
the publication of the article and mat
ters and things set out In said alleged
cause Of action and appearing on the
tenth page OF plaintiffs complaint; but
this defendant denies that said words.
figures, matters, and things, or that any
OF them, were or are false or libelous.