Gilpin observer., 1910-07-14

A suit was filed in the district
court of Gilp:n county this week by
, H. A. Hicks against w. j. Stull,
editor of the Gilpin Observer, to re-
cover damages in the sum of 100000,
| for the publication, so the complaint
alleges, of a false, malicious and de-
famatory writing in the Observer of
July 7th, 1910.
The article in which the plaintiff
claims he was libe.e1 appeared under
/ the caption of Hicks & Williams
: Dissolve" and is printed below in
the complaint. To the defendant the
plaintiff appears in error in paragraph
three, as in other parts, where he
says that the article was maliciously
! published. This is not a fact. The an
, firm Of Hicks & Williams was pub
lished as a matter of news and such
comment as was made was regarded
as a recital of facts.
However, it remains for Mr.. Hicks
I to prove all he alleges in his com
plant when the suit comes up for
trial, ami furthermore, it is the
I opinion of the defendant that the
/ plaintiff will meet with the greatest
! difficulty he ever experienced in get
ting the $4,000 from the Observer.
I Legal luminaries Of state prominence
, will be engaged in the trial of the
suit, and the case will be followed
with intense interest by the public.
Here is the comp aint filed by Mr..
Hicks:
Comes the plaintiff above named,
| by Orahood & Hurlbut and Richard
son & Hawkins, his attorneys, and
for cause of action against the above
named defendant alleges:
First: That the plaintiff is now,
and for many years last past, has
been, citizen of the State of Colo
rado, and a resident of Central City,
in the County of Gilpin in said State,
and is now, and has been for many
! years last past, an attorney at law,
/ duly and legally admitted and licens-
ed to practice his said profession in
the State of Colorado, and is now,
and for many years last past has
been, practicing his said profession
/ in the said County of Gilpin and in
other counties in said State. and
that for a number of years prior to
! the first day of July, 1910, the plain
/ tiff and one L. ]. Williams were
partners. engaged in the practice OF
said profession, under the firm name
and style of Hicks & Williams, and
that on the first day of July, 1910,
the said partnership heretofore ex'
isting between plaintiff and said VIII
liams was dissolved by mutual con-
sent.
Second: That the defendant
hereinbefore named, owns, conducts
edits, and publishes certain week
ly newspaper called The Gilpin OBJ,
server, and which newspaper is pub
lished in Central City in said County
of Gilpfn; and that said newspaper
is distributed each week to the sub
scribers and other patrons OF said
paper in the said county OF Gilpin
and throughout the State Of Colorado
Third: That on the seventh day
OF July. 1910, the defendant wilfully
and maiiciously printed and publish
ed, and caused to be printed and pub
tiff in defendants said newspapers
THE Gilpin Observer" certain writ
: ing which is and was in the words
and figures following, to-wit:
"Hieks 4 Williams Dissolve.
"'H. A. Hicks and L. J. Williams
dissolved partnership on the 1st OF the
month. Public announcement Of the
dissolution has not been made bu
very likely will be made this week
1t should be announced, yea, for the
benefit Of Mr.. Williams who is tc
continue in the practice OF law II
this city, his severance Of bushes!
relation with Mr.. Hicks should bs
given the widest publicity. AS ha.
been known all the time. Mr.. vii
liams has been greatly Handicapped
in his practice through his connec
ton with Mr.. Hicks. Mr.. Hicks, wher
he left here to take up residence II
Denver left few II any friends. His Law
practice had dwindled to nothing. the
people placed no confidence in his in
:, tegrity nor in his ability as lawyer
and were generally distrustful Of him
II the departure Of any either
ever caused relief, satisfaction ant
profound Joy to community, the de