Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1921-09-26

=
and punitive for which he prays
Judgment.
8. And for a second and further
cause of action and by way OF sup
Elemental complaint. this plaintiff
re-alleges all the matter set forth
in paragraphs numbered one to six
inclusive, and further alleges:
10. That on the 9Th day Of Au-
gust, 1921. this suit was com
menced and thereafter and on the
following dates the defendant, Carl
C. Magee, composed and published
in the Albuquerque Morning Jour
nal the following matter, among
others, to-wit.
(a) On August 18th. 1921, the
following:
Gentlemen your phony libel
suits brighten nobody-your de-
malls of malice and conspiracy con-
vince no one"
% On August 18th, 1921. the
following:
Evidence constantly accumu-
lates of the conspiracy to crush
me. The bank does not need to
sue me for libel for saying that,
for l expect to plead 1t in a suit
for damages l am going to bring
against the whole gang of conspir-
ators. Then they can have a chance
to justify their conduct"
II. That thereafter and on the
18th day of August. 1921, the de-
PENDANTS published of Ind coh-
corning the plaintiff in the afore-
said Albuquerque Morning Jour
nal the following matter to-wit:
Now comes a concrete case. A
caucus was held in Albuquerque
All big Sullys and Hawkinses and
the little Dennys and Wilson's We're
there. 1t was concluded that the
trap was all set to catch the pres
ent owner of this paper.
"Out of lear sky came law
suit after law suit. Restraining or
ders of no advantage to the plain
tiff but a disadvantage to the de-
PENDANT were asked for. All known
creditors were notified of the suits
and advised to protect themselves.
A conspiracy was in -ull swing
which would have crushed any
business man in New Mexico who
did not control paper like the
Journal.
This was not an effort to collect
the money. One Of its instigators
said the Journals owner would be
driven out of the state. The same
man said a few days ago, he was
afraid Magee would pay them
Immediately most of the gang
has come back to make new plans,
Who believes t q coincidence that
they were here when the suits were
first filed and are here again
when new line of attack is
launched? 1t takes many heads 10
think UP the details of their dia-
bolical plans. 1t takes many little
hearts to have heart
enough to go through with 1t. So
tn ~ lend each other 'moral!' sup
port to tackle one lonely third-rate
edito.. Brave men!"
10. That because of the state
ments and matt RS previously pub
lished and communicated and
known to the public, as set forth
in paragraphs numbered five, 81
and ten, the defendants meaat ard
in ended ny tn language set fot,h
in paragraph e'even to charge this
plaintiff, and thu said article was
by the public to charge
this plaintiff with having entered
ineo conspiracy and combination
with the aforesaid evil minded per-
sons denom.nated the gang for the
wicked, malicious and Illegal pur-
pose of crushing, running and de-
stroying the defendant, Carl c. Ma
gee, and driving him out of tho
state, and out of the control of said
newspaper, because of his conduct
ind having published and opposed
the wicked acts and purposes of
the gang" as above outlined: and
that In pursuance and furtherance
of said conspiracy and evil pur-
pose, and to accomplish it's OBJ
jects, this plaintiff had procured
by deceit and fraud the signature
of the Journal Publishing COM
pany on the note of the defendant
and then brought suit on that not
and other notes and endeavored to
induce other persons to bring sui
against the defendant, not in good
faith, or to collect its debts, blt
to destroy and get rid of the said
defendant Magee, In furtheranc9
and pursuance of the said con-
spiracy, and to accomplish or fur
Their its evil purposes, and thus t.
protect and assist the gang in ex
plotting, loolng and expressing tn
people, and keeping them in l.
Ncrance of its evil acts and dc.
srn1.
10. That the said statemcn
and charges set out in paragrap
eleven and twelve, and each a
al Of them, were and are false a
we're made and published by
maliciousiy with
evil purpose and design to inju
and defame this plaintiff and die
grace and degrt de him in the ey
OF the pub &c, t. the damage of rhe
7 laintiff In the sum of fifty sh"l
sand dollars ($50,000,00), compel
So tory and punitive, for which he
prays judgment.
And for a third and further
cause of action the plaintiff real
Ieges all the matters and things SCI
forth in paragraphs one and two
Of the first cause Of action and fur
tt err alleges:
/. That on and for some years
-