Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-12-09

by Dr. J. w. Colbert. physician and
surgeon for the Santa Pc coast lines
In Albuquerque.
Following the formal reading OF the
complaint to-day. Summers nurkhart,
attorney for the defendants, asked
that the action. be dismissed on the
ground that no intent to lnjure was
advanced In the complaint. Francis
T.. wood, who prosecuted the case for
state. declared that the complaint did
not necessarily have tn be drawn with
the technical precision of an lndict-
nent and objected To dismissal. MIR.
purkhart submitted further argu.
inents. declaring that the complaint
was defective In that IL charged an
uffcnse which was not borne out IN
the article on which the alleged libel
WIS based. The court sustained the
demurrer and permission was given to
amend the complaint ~ us Ia incOr-
poratc the technical language by Mr..
Burkhnrt ana the court held neceH-
sarN. after which both MIR. Macpher-
son and Mrs. Partridge formally en-
tered a plea OF not guilty through
counsel
Don w. Lusk, cit, editor of the
Morning journal. was the first witness
placed on the stand y, the prosccu-
ton. MIR. Lusk testified ~ To- the pu-
sitiun held ON the Morning Journal
by y. A. Macpherson tnd coral ClNCc,
saying that he presumed that MIR.
Macpherson was publisher and man
ager and Coral ClN,c society editor.
In reply "a question MIR. Lusk said
that MIR. Macpherson kept the books
aud managed the finances az the
paper. hut never knew IN general or
In particular ns to what WAS to he
printed In the paper, the men In the
various departments using their own
Judgment as Ia publication. Mir. Lusk
said that as far AK he knew there was
10 censorship at the sucirty columns
of the paper at the time the articles
alleged To- he defamntory to the col.
hcrts were published.
The prosecution then offered for
introduction into the evidence. artl-
clrs published In the society columns
~ the Morning Journal on November
~. November -, December and DE.
crmbcr :. all Of witch articles cuuu.
sci for the state commended, referred
to the original article ON which IA"
complaint for libel VAS based, Nn
objections being offered by the de
Tense, the articles were admitted into
the evidence.
Dr j. II. Wroth surgeon for the
Santa Fc main line, was the next wit
ness for the prosecution, Dr. Wroth
told ~ Mrs. COlbert's departure for
Los Angeles last spring, saying that
h" Understood at the time that she
was Ia be gone "A year In order To
pursu" some particular study. Hr'
also testified an Ia the return ~ tho
| Colbert baby from Los Angeles and
said that Dr. Colbert told him Joking
~ that the child had been EARNED
OUT ut Isletn. ~. "'Wroth testified
ns Ia Dr. Colbcrta high standing IN
the medical profession In Albupuer-
que.
Asked by Attorney wood M "a
whom ne construed reference wHf
being made In IN article published IN
| the society columns of the MOrninl
Journal ut November ~. headed "'rht
| Scandal MongrrS LATEST" Dr, WTutl
said:
81 didn't rcud that article. dOdg,
| the society columns of the MOTninp
journal. I think my private life 10
my own"
On cross examination by AuorncN
Burkhnrt Dr, WrOth admitted that q
number of tho thir w. he had testified
to with reference To the departure oi
Mrs Colbert and baby for Los Angc'
lev and the return of the baby 1,
lslcta had been hearsay. with the cN