Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-12-09
CORAL CLYCE HELD
TO GRAND JURY
ON CRIMINAL
LIBEL CHARGE
Society Writer Placed Under
$3.50 Bond to Await Action
of District Court on Case
Brought By DR.. Colbert.
ALL DAY LEGAL BATTLE
BEFORE JUDGE CRAIG

Az the result 81 hearing before
Justice George u. craig, which lasted
practically AT day, Coral Clycc, su-
Ciety editor Of the Morning journal.
was held under &g5u bond To- await
the action at the grand jury un a
charge ~ 'crimlnul libel instituted on
complaint ~ In j. w. Colbert OF
this city.
In the case OF -. \. Macpherson.
| co-defendant with Miss Clycc. who IN
private life ois Mrs. George Partridge,
Justice craig took the matter under
ndyisement pending citation ~ uu-
thorities by Attorney Francis T.. wood
of counsel for the prosecution. The
| judge Unlimited, however, that he
would dismiss the Churgc ~ far as
MIR. Macpherson was concerned.
Summers Burkhart, for the defense,
commended that the testimony tended
To ubsolvr Mr.. Macpherson from re-
spunsibility Tor articles which Hp-
pcarcd IN the journal.
0 In the course of the hearing II was
shown that MIR. Macpherson was husl-
ness manager Of the newspaper and
as such exercised little or no control
, over the literary department uf the
! journal beyond hiring the men ANA
women who did the writing. Attur'
ney Wood cOntended that this power
10 engage the members Of the stan
carried with II tho responsibility of
what was written. but the court was
not convinced, and this phase Of the
case went over until tomorrow.
The most important witnesses for
the prosecution 1T the hearing THIS
afternoon we're W. Il. walton, wlu
testified an To the effect of the APP
penrance Of the article on which the
libcI complaint was based; N. l..
Fox, editor of the Morning Journal
who testified that -. A. Macpherson
but seldom was appealed to when the
question arose as to whether an ar
ticlo should he or should not be- pub
lished. Mr. Fox said that Mr. Mae
phersUn looked after the iinnncca of
the paper and made the heads Of the
various departments responsible for
what was published. Mrs. j. W. cot
bert, wife Of Dr. Colbert. was the
chief and most important witness put
on the stand by the prosecution uur-
Ing IN" day.
MITE AbiDfIA lfNNlilfu AUNl Hut Nlu
DR. Colbert had been married six
years. that they had one child. "A
dn tighter three years. old, and that
she and her husband had known Mrs.
AveTyt for four years. Mrs Colbert
testified that she ana Mrs. Avcryt had
been the best OF friends for four years
and hud visited back and forth and
entertained each other frequently In
each others home. MIR. Averyt. Mrs
Averyt's husband, died IA year and Il
hulT ago. Mrs. Colbert said, and Mrs
Avcryt frequently came 20 Albuquer'
} que from lslctn to visit. Either she
or DT. Colbert Away met Mrs. Avery
at the station and entertained her. ON
May last, Mrs. Colbert said, sht
went to California, with Or. Colbert
and the baby, for the purpose al
studying. She caused her baby to he
brought to Isleta no as TO enable hei
TO attend school ut night In Los An
gcles, not wishing TO leave the child
alone at night. The baby was return
ed to lsIeta following q conference
between her and her husband.
, Mrs. Colbert continued to tell OI
her return To Albuquerque following
the receipt from DR. Colbert OF copy
OF the Morning Journal containing
the alleged libel; and of her visit 4
the Morning Journal office and subse
quent demand that either Mr. Mac
pherson or Mrs. Partridge publish 1
retractiOn ar "A statement To the ct
feet that II was not Dr, Colbert ant
Mrs. Averyt who were indicated II
the article. Both Mr.. Macpherson ant
Mrs. Partridge refused TO do this, Mrs
Colbert said, with the result that thu
com plalnt for libel was sworn to b.
Dr. Colbert.
when l asked Mr., Macpherson 4
make a TetTaOtiOn of issue Il state
meni." said Mr.. Colbert. he said
asked too much. told him that
wOman'B good name wasn't TO be USE
In a tTifilnS manner. tod him tina
everybody believed the article 10 refe
10 DT. Colbert and Mrs. AVeTyt ant
told him that Mrs. Averyt should HI
protected. Mrs. Partridge. when calle,
BY Mr.. Macpherson. told me tina
someone had come TO her and giyei
her the gossip. She refused 10 Civ
any satisfaction or promise any re
traction"
The Morning session.
\ sharp preliminary Bkirmish he
tween counsel a. 10 the form an
wording OF che complaint marked tn
beginning OF the hearing before Jus
tiee OF the Peace George X. Grail
today Of the case OF the state o
New Mexico versus ID. A. Macpher
son. publisher, and Mrs George n
PatFidGe, otherwise known aa Cora
Clyce. society editor. OF the MOrnlu
Journal The complaint ehargln
IoFiminal libel and BASED on an aFtlcI
y published in the society columns q
the Morning. Journal on NOYembe
/. 17th. was sworn 70 three weeks 90
800.