The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-05-26
Attorneys Robbins. Comstock
And r. Study AIIege Item
Editorial Is Defamatory to
Characters. II
ONE MORE ECHO OF
THE LATE CAMPAIGN
William Dudley FouIk Item
Stakeholder, Also Jas Rel
traction Notice Sell red u
on Him Yesterday.

Notices demanding a retraction Of
the editorial appearing in the Evening
Item of May 10, under the heading "A
Civic Uplift," have been filed on j.
Bennett Gordon. editor OF the paper,
and on the Item Newspaper Company.
The notices were served yesterday aft
ernOOn on William Dudley Foulke and
]. Bennett Gordon, by Deputy Sheriff
Mashmeyer. They are signed by BY
ram C. Robbins, Paul Comstock and
Robert Study. all local attorneys.
Three days are given in which the re-
traction must appear or suit for dam
ages or criminal prosecution will fol-
low.
The three attorneys assume they
we're referred to by the editorial in the
Item. One Of them says in his notice
public opinion and common rumor
created by the publication of the arti-
Gle has applied the paragraph as re-
ferring to him. In each instance the
notice is issued in compliance with the
state statutes. Full and complete re-
traction Is demanded.
Cause for Comment.
The recent mayoralty contest in this
city provided the cause for comment
on the part of the editor OF the Item.
Under the heading quoted he referred
to the campaign Of Edward Harris as
being conducted by certain men, whom
Gordon attempted to identify by inu-
endo. He applied charges to each
that are regarded as defamatory to
their character. Three OF these men
are concerned In the present controver-
sy. They claim they will push the
matter, and II the retraction is not
forthcoming threaten to go into court
at once. All OF them brand the publ
cation false. libelous and defamatory
to character. The legal proceeding is
directed primarily against Gordon.
who is given absolute control of the
Items editorial column and Mr.. FOulke
Is not regarded as having countenanc-i
ed the editorial.
Follows the Law.
II the Item retracts the editorial 1t
does not necessarily mean the proceed
ing will end. The notice is filed
strictly in accord with the law and the
offense is not mitigated by any retrac-
ton that is made. II it be seen fit to
further pursue the suit for libel. One
OF the attorneys instituting the pro-
.ceedings. stated today he intends to
fight the case through. He declared
II retraction be made it depends
great deal on it's nature as to whether
or not he will be satisfied and regard
It as complete.
A Notice in Part.
The following is the notice, In part.
served by Attorney Byram G. Rob-
bins:
TO the Item Newspaper Company and
J.. Bennett Gordon:
Whereas, An editorial written by
y. Bennett Gordon. entitled A Civic
Uplift." was published in The Evening
item in the Issue of that paper of We'd
nesday evening. May 18th. 1909. and
Whereas the writer OF said editori-
and believed that in portion of said
editorial. he referred to and meant the
undersigned. Byram C. Robbins, and
did thereby design and intend to refer
TO him.
Whereas. the said statement and
charge against me in the editorial was
and Is false. libelous and defamatory,
and was made and published with NAL
ice and knowledge of its falsity. for
the purpose Of injuring and damaging
me In my character, standing and pro-
1ession.
Now therefore. YOU and each of you
are hereby notified Of the facts afore-
said. and that unless full and fair re-
traction OF said false and libelous
statements and charge. so made
against me as aforesaid shall be made
and published in a regular issue Of
The Evening Item newspaper within
three days from receipt Of this notice
BY you. as provided By Section $50 OF
Burns Annotated Indiana Statutes, re
vision of 1908. intend to and will In
6titnte an action for damages against
you and each OF you for the hbel afore-
said. and will resort to all available ie-
gal remedies for the purpose Of exon
Grating myself from said false and
libeious charge.
BYRAM C. ROBBINS.
dated this 23th day Of May. 1000.