The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1912-03-29
ENTERS SUIT FOR
$4,000 DAMAGES

James sullivan causes faperS to
Be Served on Chief of Police
Walsh and D. E. Cuppernull in
Damage Action,
During the past week James
Sullivan entered suit through his
attorney, John A. Keyes and Bert
N. Forbes, Duluth, in district
court against Chief Of Police El-
lis Walsh and D. E. Cuppernull,
editor Of the Virginian, seeking
$4,000 damages for alleged injury
to his reputa ton. ;
The cause Of action as set forth
in the complaint alleges that on
or about the 9th day Of May, 1910,
the defendants named conspired
and confederated together with
the intent to have the plaintiff
falsely charged with; complained
of and arrested and imprisoned
for "feloniously, by reason of a
false token in writing, to-wit, a
check drawn and signed by said
plaintiff upon the First National
Bank Of Virginia, obtaining Of the
said D. E. Cuppernull $500 worth
of personal property, to-wit print
ing and other valuable things, ''for
the purpose Of injuring the said
plaintiff and his reputation and
business by bringing him into dis
repute and subjectng him to the
contempt Of the community. That
pursuant to said conspiracy so en-
tered into blythe defendants named
they did, on or about the 5th day
of May, 1910, cause complaint
to be filed in the municipal court
of the city Of Virginia, which CON-
plaint was sworn to by D. E. Cup
pernull, upon the advice Of the de-
fendant Ellis Walsh, charging that
the plaintiff, "on the 18th day Of
July, 1907, at the city Of Virginia,
in the county Of St. Louis and
State of Minnesota, then and there
being, did wrongfully, unlawfully,
wilfully and feloniously by reason
Of false token in writing, to-wit,
a check drawn and signed by the
said plaintiff upon the First Ma
tional Bank Of Virginia, Minneso-
ia, obtain of f:>the :=said Cuppernull
$500 worth of personal property,
to-wit, printing and other valua-
BILE things, the property Of said
Cuppernull, and that he did and
there appropriate the same to his,
James Sullivan's own use and
there did cheat and defraud said
Cuppernull out of said property. -
The complaint continues to re-
cite that pursuant to said CON-
plant and warrant issued and pro-
cured to be issued pursuant to
said conspiracy between the de-
PENDANTS named, on the 9Th day Of
May, 1910, the said defendant,
Ellis Walsh, arrested said plaintiff
at the city Of Virginia and took
him to and confined him in the
city Jail, and said defendant
Walsh refused to allow plaintiff to
procure counsel that evening or
to secure bail and kept plain
tiff confined in a cell in said city
Jail for a period Of twenty-six
hours without taking said plaintiff
before the judge Of the said court
or any magistrate or allowing him
to give bail. That thereafter the
said plaintiff was released on bail,
which he furnished as soon as he
was allowed to secure same. and
that thereafter, without bringing
the said cause to trial or in any
way doing anything to try the said
plaintiff upon the charges set
forth in the said complaint and
warrant so wrongfully made
against him the said proceedings
were wholly dismissed and the
plaintiff never brought to trial.
Continuing, the plaintiff in the
present cause alleges in his COM
plant that when he was finally
permitted to appear before the
court for the purpose Of giving
bail the said defendant Ellis
Walsh wantonly and maliciously
required him to be handcuffed
! and otherwise treated with great
| indignity.
! The balm required for the in
jury to his feelings, his reputation
and his business is placed at $5,-
| 600, and the court will be asked
to submit judgment in such sum
| against the defendants, and each
of them, named in the summons
and complaint.
CONTINUE REMODELING