South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-12-02

Demands RetraCtiOn of Story
Re- ShiveIy Libel Suit-SOme
Conditions Precedent to Com
pIianCe Are Submitted.

Now we're in on it, On the heels
of the slander or libel suit institute,
in the circuit court Tuesday, by tn,
Very Honorable John w. Kitcl
against Sen. b. +. Shively and Lev
Nj. O'BrannOn of CCrydon, reported
in this paper. the News-Times Print
ing CO., proprietor and publisher Of
the South Bend News-Times, is to b,
sued, too. Demand for a retractiOr
was received Wednesday by United
States mail. The Rt. Hon. John w
states his objections in his demand.
1t follows. Here's the letter:
South Bend, Ind.
To The NewsTimes Printing Co,
Proprietor and Publisher of
South Bend News Times
In the afternoon issue of your
paper published under date Of
December l, 1914, on page one in
an article headed "Kitch Sues
Shively for $25,000 Damages"
you published the following
statements: "Kitch had been
campaigning for the progressive
party in Harrison county and in
a speech is said to have made re-
marks about Sen. Shively, at
tacking his personal character.
and that of other Temb bers of his
family. A pet phrase of Kitch in
his speeches is said to have been
that Shively had never been able
to earn a living before he became
senator; that he needed the Job
to keep him out of the poor
house. and not only himself but
his brother, Aaron. Other similar
insulting remarks about the
senator punctuated practically
all of Kitch's speeches, personal
attacks, with him, being a sort of
speciality, according 10 report. 1t
is reputed to be III response to
this line of talk that the SEN
ator sent Editor O'Brannon his
letter which is the basis of the
suit
l hereby notify you that said
words, outside of the fact that I
was campaigning for the pro-
gressive party in Harrison coun-
", are false and libelous and
hereby demand that you retract
the same according to the provi-
siOns of the statute, and in case
you do not l propose to proceed
against you for damages under
the proper statute.
JOHN w. KITCH.
In all probability, The News-Times
if this explanation proves insufficient
and it should be sued, will plea
Justification and call Charles w
Weidler to account as a witness Mr.
Weidler, who has been a sort o
pOlitical-copartner with Kitch, is tn
source of information upon whicl
The News-T Times acted with regard tC
what Mr.. Kitch had said about Sen
Shiveiy; that supplemented by ex
erpts from a proposed speech. which
Kitch had prepared to be delivered
down state" during the campaign
and which he read to the managins
editor of this paper, and read il him
self This was along early in thu
When Mr.. Weidler told o
the kind of speeches Kitch had beer
making, making particular reference
to the reason for the Shively letter I.
the CorydOn Democrat upon which tht
Shively-O Brannon suit is based, /
was supposed that. of course, th'
story could be believed.
Weidler Seemed TO Know.
It is true that Weidler was treating
Kitch's suit against Shively am
O'Brannon, as somewhat of joke
but he seemed to know and know
from Kitch. something about what h.
had been saying. in general. in hi
down state speeches, reciting
very much in keeping with the pro
gressive campaigner's diatribe tina
he had read in advance to the manag
ing editor of this paper. He had il
his preparation" a considerable linz
of similar stuff about Peter J. Kruyer
internal revenue collector some ligh
raps at Congressman Barnhart. ant
heavier ones at other democrats.
To be explicit about it. he said, g
want 70 show these d-m cusses up
CONTINUED ON PAGE TEN)