Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1921-03-14
SUIT AGAINST
HERALD DISMISSED
Rodes S. TerrilI Satisfied With
Apology and Retraction Made
by Lexington Paper

teI IL Oil \ Jun "ii "
months ago, Mr.. Terrill had the
! suit dismissed at the term OF
Madison circuit court just ended.
Attorney A. R. Burnam filed the
answer on behalf of the Desha
Breckenridge, editor and principal
owner of the Herald. The answer
i'll court which was accepted by
Mr.. Terrill and as a result OF
which he asks that his suit be dis
missed, reads as follows:
| Y Madison Circuit Court.
Rodes Terrill, Plaintiff
VS.. Answer
Lexington Herald Co. Defendant.
For answer in the above EMIT
| led action, defendant. Lexington
Herald Company. says it is true
that there appeared in the Lex
ington Herald, newspaper pub
jlished in the city OF Lexington.
Ky, by the defendant, the arti
!cle set out in plaintiffs petition !;
!tllat. at the time OF said publica-
ton, Dcsha breckenridge. the
president OF the Lexington Herald
Co.. and the editor OF said Lex
inGton Herald, was out of the city
| OF Lexington; that the quotation
referred to in the petition was
contained III a personal letter
written by the Hon. \. Sullivan
iof Richmond. Ky, addressed to
the editor of the Herald; that
said letter contained q reference
to political matters generally. cs-
pcciallv the pending presidential
race. and enclosed a check in pay
mcnt Of the renewal of said Sui
livan's subscription to- said Lex
ington Herald; that said Brock
lnrldge was not expected back at.
his office for some time and said
letter was opened by an emplove
of said Lexington Herald Com
pany and was sent to the sub
scription department in order
that the proper record might be
made OF the payment of said Sui
iivan's subscription that an en-
p!oyc Of said paper. noticing that
said letter contained comments
on the then existing presidential
race. sent same to the news de
part1nent for publication without
reading the letter in full that the
emplOye of said Herald who sent
said letter to said department did
not read the part thereof con-
tanning the quotation made in
plaintiff S petition.
Defendant says that if the en-
ploye of said Lexington Herald
Company had known that said
letter contained the language
quoted III the petition. the said
portion would have been omit
ted; that the name of plaintiff
was not contained in said publ
cation. and that neither this de
PENDANT, nor any of its officers or
employees. had any notice prior to
he institution Of this action that
laid article applied to plaintiff
that if said Breckinridge had
been present when said letter was
received. or had himself received
the letter, the portion of same
quoted III the petition would not
Lave been published. Defendant
lays that. from It's investigation
md from the information it now
las, it finds that said article is in
correct, land that the rulnor upon
which said letter was based is I'M
founded: that plaintiff was not a
Stacker during the war. and it
/inds that he made every effort to
get into military service. and
when he failed to do SO, through
10 fault whatever on his part, he
performed other duties for the
government during the war and
discharged his obligations to the
government as a loyal citizen to
the best of his ability. and de
PENDANT says that its said inves-
LEGATION shows that plaintiff. dur
ing the war. performed every
duty assigned to him by the gov
eminent. Defendant hereby re-
tracts the said statement con-
tanned in plaintiffs petition, and
expresses its regret for the publ
cation thereof and for any harm
and injury done to the plaintiff. or
his feelings. and hereby apologize
es to him for said publication.
Defendant says that, after as
certaining the facts about said
publication. it published four rel
fractions thereof in said Lexing-
ton Herald.
Having answered, said defend
ant prays to be hence dismissed,
with its costs.
d DTIDNrAN1