Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-07-11
Candidate for Congress Be-
gins Civil Action Against
Complainant in Criminal
Libel Case,
JUDGMENT IS ASKED
FOR SUM OF $4,000
Plaintiff Alleges That Charge
Was Made to Injure His
Name and His Candidacy
Before Convention,

Alleging that Eduardo Oiero. q
Los Lunas. charged him with crimi
nal libel 10 iniurc his good name ant
hurt his eandlacy for congress, I'll
fcgo Baca, late yesterday afternoon
filed suit in the district court at old
albuquerque. accusing Otefo of mali
cious prosecution and asking judgment
for $4,000.
one Of the sensational allegations Ol
Mr.. Raca's complaint IL that the de-
fcndant. Mr. Otero. was inspired by
other persons" In charging him with
criminal libel He signed the com
plant as attorney per Sc.
"lmpri,oncd Three Hours"
Mr.. Bacas complaint follows.
In the district court Of the Second
Judicial district in and for the county
of Bernalillo and state Of New Mex
leo.
Elfego Raca, plaintiff, IS. Eduardo
NJ. 0tero, defendant.
Plaintiff complains of the defend
ant and alleges
That on the 9Th day of July, 1914,
at Los Lunas in the county Of Nalen-
cia, New Mexico the defendant, Ed
uardo NJ. Otero maliciously intending
to injurc the plaintiff in his good
name and reputation appeared before
Jesus Gallegos a justice of the peace
of the precincts of Los Lunas in said
Valencia county and maliciOusly and
without probable cause whatever
-~harged plaintiff hefo. e said iusticc G
of the peace with having unla wfully
and feloniously libeled said defendant
In and by means Of two articles
printed on June 2g and July /. 1871, In
La opinion Puhliea. newspaper
owned by said plaintiff. and mali
eiously and without probable cause
procured said justice of the peace TO
issue a warrant for the arrest Of
plaintiff upon said charge.
That said justice Of the peace issued
said warrant thereupon and the
plaintiff was on the nh day of July
1914. arrested and imprisoned under
said warrant Of arrest for the space
of three hours, ana that plaintiff was
obliged to- and actually did, give bail
in the sum of $1,000 ana procured his
release in said arrest to answer said
charge
The plaintiff alleges that the said
Eduardo NJ Otero made said charge
against said plaintiff and procured
plaintiffs arrest maliciously and
without probable cause, and plaintiff
further alleges that the said defendant
inspired by other persons filed the
above mentioned criminal action
against this plaintiff for no other
purpose than to injure plaintiffs good
name ana reputation. and to hurt
plaintiff in his candidacy for the re-
publican nomination for congressman
before the next republican state con-
vention for New Mexico. and plaintiff
says that said defendant has repeat
edly made statements that said crimi
nal actions against plaintiff was in
sltuted for no other purpose than to
inlure and defeat plaintiff as such
candidate
Plaintiff, therefore says that he has
been injured in his reputation in per-
son by said acts of the defendant and
has been damaged in the sum of
$4,000.
Wherefore plaintiff prays Judgment
against the said defendant for the sum
OF S25,00O and costs of suit
ELFEGO BACA,
Attorney Per Sc.
state Of New Mexico county of Ber-
nalillo IS
The plaintiff Elfego Baca, beins
ilfst duly sworn and deposes and says /
that he is the plaintiff in the above I
entitled action; that he has read the
foregoing complaint and knows the
contents thereof and matters and |
things therein stated. except those I
lhlngs upon information and belief. /