The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-19
HEARST TRUSTDODGED2YEERS
AND Beat LIBEL SUIT BIZ ALLEG-
ING IMPROPER SERVICE.
sheriff Couldn't FIND the Morning Journal
Cooperation, ms when Mr.. Hearsts
Residence was Discovered u was said
There That He Lived SOmewher Else.

Cooperation, and When Mr.. Hearst's
Residence was Discovered u Was said
There That He Lived Somewhere Else.
On February S, 1907. Mrs. Margaret Cooper
OF Manhattan, New York city, entered a suit
for $4,000 damages for defamation OF
character On aocount OF an article which
appeared In Dds Morpcn Journal Of January
~, 1902. A complaint was drawn up naming
as defendant the Morning Journal Associs-
ton, publishers Of Dds Moroen journal. and
William r. Hearst. A summons for these
d~efendAnts to appear before the Supreme
Court u New York county was granted on
applicsti ton Of Frank A. X. Boland. attorney
for MnH. Margaret Cooper.
Then began a search for the defendants
which lasted for two years. Bolsnd, his
partner, Carl Arthur Jansen; his clerk.
John T. Norton. Charles H. White Of II
West wslfth street and the Sheriff OF New
York county Joined in the unsuccessful
effort to hpd Mr.. Hearst or the Morning
journal Association.
A report from Bradstreet's dated Febru-
airy, 1907. states that the Morning journal
Association was. on january %, 1902. the
publisher Of Ods Moroen journal. that this
corporation had been formed under the laws
Of the State of New York and a certificate
to that effect filed in the county OF New
York or November 8, 1882; that the capital
stock OF the corporation was fixed at sl5O,OOO,
which on November 5. 1888, was raised TO
5000 900, and that in October. 1895, William
r. Hearst bought he's stock. Yet continued
and persistent efforts to find this corpora
ton by the Sheriff Of New York county
Jailed, so that on March 10. 1904. he returned
the ummon and complaint which had
been given him to serve upon the defendant
Morning journal Association, with this
affidavit:
/ certify that l have made proper and
diligent effort TO md Morning journal Assoc
\ citation. one Of defendants. in my county. 40
as 10 serve it with the process herewith an
nexed.
That after proper and diligent efforts which
| have made to find an officer. director, agent,
employee or designated person upon whom
such service may lawfully be made ] have
been unable to find any such person: where
fore I return such corporation defendant as
not found. MITCHELL l.. ERLANGER,
JON MctorRr, Deputy. sheriff.
New York. March 10. 1904.
Al unsuccessful attempt was made also
10 serve process upon William X. Heart.
The law firm Of EinHtein Townsend, Gutter
man 4 Sbearn Of 81 Nassau street, attorneys
for both defendants, were asked to accept
| htTN1CB III LuClE DeEAlIs clarence -. STeATn
| refused to accept service after comforting
" With his clients and returned the papers
by mail to the office Of Attorneys Boland
4 Jensen.
After failure to effect personal service
upon either the Morning Journal Associa-
ton or William r. Hearst an order that
service upon the defendants be made by
substitution and a two months extension
OF time In commencing action were granted
by the Supreme Court. That this service
l h~ aVtkaftftsfinn n anfNtallN mazda 10 oN
tested by the following affidavit Of Attorney
Carl Arthur Jensen.
That on the lot h day Of March. 1904. be-
tween II and I O'Clock in the afternoon |
served m and complaint in this action
upon william r. Hearst. one of the defendants
therein. by leaving a copy OF said summons
and complaint and a copy OF the order for
substituted service At residence Of said de-
PENDANT. william r.. Hearst, at 70 West Twelfth
street. BY there delivering same to and leaving
same With one Carrie Gegpnheimer. who
appeared TO be a servant girl, about IS years
OfaseSwho told her name and that she Was
employ ed as servant girl and knew William
r.. Hearst. that he resided there aud was then
absent, and who said she would receive said
papers and deliver them 10 said William X.
Hearst and she did receive them,
That on the 10th day Of March deponent
sent another copy Of said summon and COM
plant enclosed in a postpaid wrapper ad-
vi y " Hdlu ia IL ItthTSNt 30 W PNI
Twelfth street, by depositing il in the post
ONCE substation No. :, Borough of Manhat-
tan. CARL ARTHUR JENSEN,
By law an action for libel must he begun
within two years OF the time of the publ
cation Of the libellous article. The order
for substituted service had been obtained
by Attorney Boland in order that the papers
! mig hit be served within the two years and
two months extension of time.
On April ?, 1904, after the expiration
Of the two years and the two months ex-
tended time and when il was too late to
reserve the papers Attorney Clarence J.
Shearn, Mt that lime Of 40 Nassau street,
anne into court for the defendants and
procured an order declaring the substituted
service void on the ground that it was
not served at the real residence Of William
r. Hearst, which. Mr.. Shean declared. was
at the time Of attempted service, March 10,
1904, at 1l9 Lexington avenue.
An affidavit Of Attorney Boland stated
that the SheriT had been instructed 10
serve the papers on William X. Hearst o.
119 Lexington avenue and had attempted
to do 80 but hdd been told that Mr.. HePrst
did not live there and did live at 70 Vest
Twelfth street.
Attorney Shearn. however. produced
an AFFIDAVIT Of Millifm r. Fearst stating
that on March 10, 1904, and for several
years prior his residence had been at iie
Lexington avenue. and the Court declared
the substituted service void. Thus the
case az defsulted through laree Of time.
All the original papers in this ease ere ~
the ofice OF the COUNTY Clerk or the office
Of Attorney Frank A. X. Boland. llO Vest
Tenth street.
In this case Mr.. Hearst and one of his
corporations escaped an embarrassing law
suit by making themselves scarce when they
were hunted.