Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1908-08-13
$4,000 LIBEL SUIT
MUST GO TO TRIAL
Judge McFie Hands Down Opinion in
Case Of G. W. Prichard VS.. Journal
Publishing Company.

In the case of Colonel George w.
Prichard against the Journal Publish.
ing company Of Albuquerque. for
alleged criminal libel, in which the
plaintiff asks for $5O,00o damages
Judge John R. McFie today hand
led down decision and opinion
upon the demurrer OF the de
fendant, contendlng in substance tha,
the complaint did not make out a case
The complaint contained six different
counts or causes of action. The first
four are based upon alleged libelous
attacks made upon the plaintiff by the
defendant in connection with the in.
vestigation OF the charges against Ar.
thur Trelford, former superintendent
|of the territorial pelitentiary The
court sustains the demurrer as to these
|causes OF action holding in substance
that the plaintiff in such investigation
did not act as attorney general, but
acted practically as an aid to the gov.
'ernor, who In effect conducted the in.
vestigation, saying: "The governor
fright here requested the assistance of
ANY other person. whether he was a
lawyer or not but the services rend.
cred would be an act of friendship. not
necessary professional"
The fifth statement for a cause of ac.
tion the court holds good and overrules
the demurrer. It is based upon the fol-
lowing language printed in the Journal,
"The attorney general (See opinion.
page 8, last paragraph close to second
line on page A. The court holds
|"There is nothing doubtful about the
language; it is plainly stated that
George w. Prichard, the attorney gen.
era of New Mexic has announced
that while he was such officer he would
prove individual rights of the people
and If such existed and would not be
governed by the laws of the territory
in respect thereto, and that he was
above the law
The publication of language, the
court says, which would have the effect
of endangering the official reputation
Of an officer and which injuriously ef-
fects his character and fitness for such
official position is defamatory, libelous
per sc and it is not necessary to allege
special damages.
The sixth count is based on a pub.
lication alleged to have been made in
the Albuquerque Morning Journal as
follows: "The paying teller of the New
York bank who got away with some
500, 900 did not forget his good breed.
ing at the grand finale, but shook
hands all around like gentleman.
There is nothing like being a cheerful
CRATER Prichard takes his so awfully
grouchily. you know"
The demurrer is overruled in sub
stance though strict Interpretation
Of the inuendo is required. Citing au-
thorities the court defines the word
graft to be ian irregular means OF
support; steal; or swindle; stolen
goods; pocket-picking; dishonest gain
acquired by private or secret practices.
or corrupt agreement especially in po
sitions of trust. as by offering or ac.
cepting bribes "Grafter, one who
gratis; swindler; dishonest person.
The court says: ''It would appear
therefore that to publish of person
that he is a CRATER or takes graft
means an attack upon his honesty and
integrity as commonly understood.
Such a publication if false and ma.
licious as the complaint charges, is H.
belo,ls per Sc.
A. B. Renehan of this city, is attor-
ney for the plaintiff and Neil B. Field,
of Albuquerque is attorney for the de-
fendant.
The New Mexican will publish the
courts opinion in full in tomorrow's
issue