New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-11-05
INTEGRITY HURT,
SAYSDAYIS, SUING
Mrs. Kelly's Words Fract-
ured His Reputation,
Dancer Ayers.
100000 IS ASKED
TO HEAL HONOR
Reference to One of Eugenla's
Missing Diamonds Cause of
Cash Demands.

Al J. Davis. jockey, tango dancer and
personal friend Of Miss Eugenia Kelly,
yesterday filed the complaint in his
suit for 100000 against Mrs. Helen
u. Kelly, mother Of his helress friend.
The suit is based on the following re-
mark attributed to Mrs. Kelly, and
printed in The Tribune Of October /:
This summer he pursued US to
Mackinac Island. where we were happy.
, We had forgotten all about the UNI
pleasant things that had happened, and
We were just good chums, when / sud-
denly noticed a change. A few days
later | learned the answer. Davis. I'M
der the name of Powell was on the
island with another man and two wom-
en-. He had trailed Eugenia out there.
When he had left a diamond pin she
had was gomez
Up to the time Of the publication of
this alleged libel, Mr.. Davis said in
his complaint, he was known for his
integrity and good reputation. Then
Mrs. Kelly went and repeated the above
passage before divers persons, mean
ing and intending thereby that the dis
appearance of the defendants daugh-
ter's said pin was connected with and
resulted from the plaintiffs presence
on said island; and that plaintiff had
taken said pin under circumstances in
dicating on his part dishonesty and
moral turpitude; that the plaintiff had
stolen said pin, and that the plaintiff
had committed the crime Of larceny"
After Mrs. Kelly's speech. Mr. Davis
felt himself damaged to the extent of
$4,000, which he seeks to recover in
his suit, because, as he says, all of
the statements were wholly false and
untrue, and, what is more according
to Mr. Davis), Mrs. Kelly knew them
SO to be.
But this is not all. Mr.. Davis ac-
cuses Mrs. Kelly of having wilfully
and maliciously composed and caused
to be published in The New York Trib-
une, which, according to Robert II.
Elder, counsel for the plaintiff, "hss q
large circulation and is widely read
throughout the United States and else
where, and especially within and about
the City of New York" the identical
statement. and this wide publication
damaged Mr.. Davis an additional $780,
600.
Davis will never go to court with
his suit" said John F. Mcintyre, at
torney for Mrs. Kelly, yesterday after
noon. ''He would as soon let me
cross-eXamine him about his past deeds
and antecedents as jump out Of that
window" (Mr. Mclntyre's Office is on
the fifteenth foor.)
Mr.. Mcintyre said that Mrs. Kelly
was not at all disturbed by the service.
I'VE are both anxious to get him into
court, although we never expect to see
him there. Why, have hundred
and fifty items to bring in mitigation
of his statement"
Mr. Elder had no statement to make
on behalf Of his client.
Secure in the Businesses of Ocean
port, n. j., Davis was not to be reached
yesterday. II Mrs. Kelly was anxious
to have any statement she cared to
make public. she failed to instruct the
hallboys of her apartment, at 1l6 East
Sixty-third Street, to that effect, and
as consequence it was impossible TO
reach her also. Hiss Kelly also was
inaccessible.
"Oh, he'll never bring it to court"
he said, with the same surety as Mr..
Mcintyre, "bui if he should 1 can tell
pretty story"