Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-09-27
PROMINENT ATTORNEY GETS A
TEMPORARY INJUNCTION
AGAINST EDITOR.
PLAINTIFF ALLEGES UNFAIR
ATTACKS BY NEWSPAPER
Case Grew Out Of Claims to Estate
Handled for Poor Woman by Law
ysr--AIlsgsd Attacks by lnnuendo
for Last Two Years-Paper Is Re-
strained From Printing Name of
Plaintiff or That Of Firm.

vinton, Sept. 27.-M. J. Tobin,
prominent vinton attorney. has filed
petition asking that II. G. Kruse and
his newspaper the Cedar valley
Times, be restrained from publishing
his name or the name OF any OF his
family or law firm. Judge Willet is
sued an order deoreeing that Tooin S
name should be kept out Of the Times
flt being q temporary restraint. The
Ipetition recites that the newspaper has
been making attacks by innuendo
against the plaintiff on repeated coca
lsions during the last two years.
Cites Certain Article.
I The petition cites an article, pub
hished early In September. in the
Fitness,
"The story Of how a certain man
icharged q week-minded, hard WORKING
lsaoman q tidy sum to help her adjust
Isome small business affair is now 60
ing the rounds. And to make matters
worse, the report says that the victim
Iof the mans grasping hands hao
lesrved In his family for years as
.menial. To her there was no helping
hand when needed. Unknown to the
Ioutside world she trusted her affairs
Ito about the only man she knew.
lReport says the poor thing Is now In
lsome county poor house"
\ ARainst this Tobln offers what he
!eays are the facts Of the case, the
gist of which Is: That Ellen Shay
was employed IN his house for
number of years. That when she left
! his house she lived with relative,
!! Cec-se ,Atkley, now dead. That shortly
latter Aikley's death she was admitted
Ito the county home. That some per-
sons consulted the plaintiff as to
whether or not Ellen Shay had any
rights in the estate Of the deceased
That he filed claim against the estate
| and succeeded in gaining judgment
for $l25 for her. That no money or
property as the result Of said trans
action came into the possession Of the
plaintiff or the law firm Of which he
- q member.
SAYS Attacks For Two Years.
I That during all the period Of which
the defendants have been permitted to
continue their course Of criminal Will
dacatton and abuse, they have grown
| more VICIOUS, ldlSc, So"oici1
criminal. That the newspaper articles
were the more despicable and danger
Gus to all concerned because the de-
| PENDANTS did not in any OF them NAM
the plaintiff. That the plaintiff has
not feared and does not now fear the
effect of any such articles above re-
ferred to when published and circu-
lated In places where the plaintiff if
Known or when published in any place
where the general reputation for truth
and morality Of the defendant Kruse
| ;as known. but the newspaper Is circu-
lated in places where the general rep
| atation OF the plaintiff and defendant
| Kruse may not be known. That II
huoh places the defendants maliciousl1
seek 10 injure and damage the plain
kin and will continue to do So" reads
khe petition.
Some time ago 81. @. Kruse was as
eaulted By City Clerk Walter Klinga-
IMAM for alleged attacks that Kruse
made against him in his paper.