Omaha daily bee., 1911-03-11

which q copy b. hereto attached. marked
Exhibit ]" which SAID article was read
sn6 commented upon b. a large number
of readers OF said Daily Herald and the
charges contained in said article became a
subject Of general talk. comment and no.
toriety, and thereafter the said article was
given great additional notoriety and pub
Lefty by rsaon Of the commencement Of a
lltel suit b. said plaintiff against the
Herald Publishing Company, In the Dis
trict court Of Douglas County 10 recover
the sum Of 10000 alleged damages 20
ssid plaintiff by reason Of the publication
of said article. that said action was sub
sequently dismissed by said plaintiff a.
the costs OF said plaintiff which dismissal
caused great and additional notoriety.
comment and publicity Of the charges
contained In said article % published. and
by reason Of the publicity notoTtety and
comment caused as above stated and the
dismissal Of said libel suit 81 became and
vas and ever since has been q matter Of
general knowledge and the common and
general belief Of a large number Of peo-
pie in Nebraska and in Washington, u. c..
and the public generally that the said
charges and statements Of and concern
Ing said plaintiff 80 as aforesaid published
in said DAILY Herald were true.
Truth Of Charges.
The said defendant further alleges that
the certain charge Of and concerning said
plaintiff published as Aforesaid in said
article IN said Daily Herald. relating 10
the control and administration Of the gov
eminent printing office became and was
subject and matter OF investigation By
the Congress CT the United States and a
report Of said investigation known as
House Document No. 100 OF the LIST ses-
sion OF the 60th Congress Of the United
States Was made and published and be-
came q part Of the public records Of said
Congress and the public nbrarys Of the
United States and such investigation and
report showed that said charges were wei
founded and true and great notoriety Of
EEid charges and the truth thereof by rea-
son OF said investigation was given 10 the
public and q great many persons and the
public generally In Washington, d. c,
and In NebrsskA and throughout the
United States knew OF the same and -
lieved said charges 20 be true
And with reference 70 the said publica-
ton Of sAad article IN said Daily Herald
and with reference 20 said Investigation
and said report. and by reason Of said
knowledge comment and notoriety Of the
same and the belief as herein set forth in
the truth Of said charges and the truth
Of said report. the defendant herein alleges
that no injury OF damage was or could
be caused OF occasioned 10 said plaintiff
by the publication Of said special tele-
gram by this defendant. and that he was
not injured and could not be damaged BY
any charge or statement contained or set
forth in sasd special telegram OF what was
50 generally rumored. published and sen
ertTly believed 10 be true Of and con-
corning him
Refers 20 Exhibits.
This defendant further answering said
petition. alleges: That prior TO the publ
cation Of said special telegram, to-wit, IN
the month Of February, 1893 there was pub
lished in The said Omaha Daily Bee and
in The Omaha Evening Bee. newspapers Of
general circulation in the City OF Omaha
and throughout the state Of Nebraska and
70 some extent in the City OF Washington
d. C.. certain articles OF and concerning
said plaintiff OF which copies are hereto
attached marked respectively, Exhibit ?.
Exhibit g." Exhibit a. and Exhibit 5 o.
which said articles and each thereof, a.
and Immediately following the time Of
publishing the same were read and com
mented upon BY q large number Of the
readers Of sai6 newspapers and the charge
contained In said articles became the sub
sect Of general tax, comment and noto-
riety in said City Of Omaha and through
out the state Of Nebraska and TO som,
extent IN the Cly Of Washington, D. C
and By reason % he publicity, nororieU
and comment Of said articles and tbs
charges therein contained and set form
IN said articles The said charges therein
contained became and were and ever sine
have been a matter Of general knowledg'
and the common and general belief OF
LARGE number Of people In Nebraska and Il
Washington. n. C. and the public gener
ally that the said charges and statement
Of and concerning said plaintiff 50 a.
aforesaid published In said newspaper
were true
And in that behalf the said defendan
further s1feres that BY reason Of IN
publication 81 satd charges IN said news
papsrs IA February. ls2s, and by reason o
said knowledge. comment and notoriet
q the same and the belief as herein sc
forth in the truth q sa3d charges m
defendant herein alleges that no injury o
damage was OF oould be caused or Oc
ossioned % said plaintiff By the publics
ton Of said special telegram BY this de
fenoAnt. anu that ne was not injured an
sould not be damaged by any charge O
statement contained or set forth IN ssi
Fpecial telegram q what was so geneTsI
~gmorod. published and generally believe
. ts tss q ana concerning hiE-
Exhibit L.
From the Omaha Herald Oct g lsg8
"A TRIPLE PERSONAL
The Omaha Republican has Of late
Focd deal 10 SAY about democratic metf
sds u has taken special pains 10 dis
semtnAte charges % corruption against N
deuloeratie candidates and especially n
candidate Tor governor While thes
charges are untrue and Impossible il ma
not be smiEs 70 consider whenos the
aume q look behind the newspaper an
discover the individual who prompts thel
ana VINO may be held responsible for the
and whose character gives color % ther
The Republican is largely owned and
Ead % BE- wholly controlled by Cadet Ia
lor il e proper 20 inquire, VINO Is Cad
Taylorg What kind OF a man is he.
IL happens that the answers 70 the
questions Is found IN the sworn testimoI