Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-08-27
DEMURRER FILED
| IN LIBEL SUIT
Brought By COL
onel George w.
Prichard
AGAINST MORNING JOURNAL
Alleges Complaint is lnsuffi-
cient in Law and Articles
Were Not Libelous.

| A demurrer was filed today in the
district court Of Santa Fe County by
Attorney Neill b. Field counsel for
! the Journal Publishing Company, pub
Usher of the Albuquerque Morning
Journal, in the libel suit brought
against it by Colonel George w
Prichard, in which the latter seeks
damages for defamation of character
in the sum OF $4,000.
The demurrer prays for the dismis-
sal of the case on the alleged grounds
| that THE complaint and each count
thereof is wholly insufficient in law
and does not state facts sufficient to
constitute cause of action against
this defendant 1t further states that
the alleged words relied on do not
support the inuendo and the language
imputed is not libelous.
The six counts in the complaint are
taken up Individually in the demur-
rer, the same allegations of INSULT
cheney being set up in each. 1t will
be remembered that this suit for libel
grew out of the recent investigation
of charges of cruel treatment of pris-
oners in the penitentary under the
superintendency of Arthur Trelford
which resulted in nis summary renov-
al and also in the retirement of AS
sistant Superintendent Samuel Sam
pie Colonel Prichard who was attor-
ney general at the time and had
charge of the investigation was ac-
cused by the Albuquerque Morning
Journal of arbitrarily striking out evil
lence and tampering with the record
The wording of the demurrer re-
ferring to the first count of the COM
plant filed by Mr.. Prichard is given
herewith and the others are substan-
| TALLY the same. 1t follows:
The Demurrer.
That the said first count of the said
complaint does not state facts suffi-
cient to constitute cause of action
against this defendant and is INSULT
cient in this:
(a) That it is not alleged in said
first count that said plaintiff was, in
his capacity of attorney general for
the Territory Of New Mexico, charged
with any duty touching the matters
and things referred to in the COM
plaint or that any of the alleged libel
Gus words set forth in the said COM
plaint were published of and concern
ing the plaintiff touching any public
duty devolving upon him or in rela-
ton to the plaintiff in the perform
ance of any public duty whatever.
(b) That it is not alleged in the
said first count that the said plain
tiff was employed by any person in
his capacity as attorney at law to
take testimony in relation to any
charges against Arthur Trelford, or
that the acting governor of the Ter
ritory of New Mexico, had any author
| ity to employ the plaintiff in his ca
pacity as attorney at law to take the
said testimony, nor is it alleged that
any of the alleged libelous words, set
forth in the said first count were
published of and concerning the
plaintiff touching any matter in which
he was, or could lawfully, be engaged
as attorney at law.
(c) 1t affirmatively appears from
the allegations of the said first count
that the plaintiff was, with reference
to the alleged charges against Arthur
Trelford, mere volunteer and that
the alleged libelous words published
of and concerning the plaintiff as to
his connection Herewith, could not
as matter of law effect him in his
office as the attorney general of the
Territory of New Mexico, or in his
profession as an attorney at law
(d) 1t is net alleged in the said
first count that the defendant charged
the plaintiff with any official or pro-
fessonal misconduct On the con-
trary, the allegation is, that 'the de-
fendant meant thereby to convey the
impression that plaintiff wantonly,
wrongfully, deceitfully, unprofession-
ally, and fraudulently would not allow
to be incorporated in said record ma
terial evidence for the said Trelford,
brought out on cross examination"
(e) The alleged words relied on
do not support the inuendo Of the said
first count.
(f) The language imputed to the