Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-04-22
NEWS is NAMED
CO-DEFENDANT
IN 100000 SUIT
Continued From Page OneJ

newspaper said Richard Smith to be
managing Itor Of said newspaper and
! said VII lam Fl. BIodgett to be a special
reporter OF said newspaper that said
Delavan Smith, Louis Rowland, Richard
Smith and William H. BIodgett are and
for a long time past they have been
obsessed with mental and moral obliq-
uity and because Of this quality Of char
scter which they respectively held and en-
1oyed alike and In common. they became
Intimately affiliated and attached to one
another and together they became as q
cabaI within the editorial department OF
said Indianapolis News and they func-
toned with one another as such and In
so doing they worked in accord to bring
about and attain the contamination OF
said editorial policy Of arbitrary and self
asserted mastery over men and measures
affecting alike both individuals and So
ciety and they adopted and pursued a
common purpose and design to control
the administration of public Offices and
public affairs and the fortunes Of indi-
vidual welfare in and about the city OF
Indianapolis and in and about the State
Isl Indiana and of the United States and
particularly in these areas which con-
tanned the markets for said goods. wares
and merchandise OF this plaintiff and
where his property was situate and ad-
ministered and where his civil rights
were to be exercised and enjoyed, and
they adopted and pursued habitually the
custom Of making their said newspaper
the vehicle Of detraction and malice ~
order to injure and destroy those who
should stand out against them and op-
pose them. including this plaintiff.
SAYS THEY KEPT
OWNERSHIP SECRET.
and plaintiff further says that by
frequent contact with one another the
said Delavan Smith, Louis Rowland
Richard Smith and William Fl. Blodgett
became exposed 10 and affected with
degeneracy and thereupOn pretending 10
carry on their affairs with Candor ana
with fidelity to the public welfare they
falsely and fraudulently concealed from
the public the truth as to who owned the
said Indianapolis News and thereby they
protected, as they designed and purposed
to do, the true and lawful owners OF said
journal to-wft the said Charles Warren
Fairbanks in his lifetime and his said chill
dren after his death. against moral ana
social visitation, influences and persua-
sion by the offended public to correct the
said editorial policy Of said newspaper
and the said methods employed TO carry
out said policy and bring It to attain
ment, and thereby they shielded them
selves against the corrective force OF
truth and morals in their own superYi-
sion. direction and control that pro-
Tossing to eschew as a communicating In
fuence any utilization with or approval
Of those who, upon transgression Of law
p had been sentenced to penal servitude,
they employed a former inmate Of the
States penitentiary as their counsel In
matters affecting the administration Of
Justice and they sought the betrayal OF
their adversaries in litigation by clandes-
tine and unlawful conferences with the
counsel Of said adversaries; that pro
Messing TO espOuse purity of Justice they
Z became the beneficiaries Of the unlawful
rape Of a jury box. whose contents were
sequestered and surveyed TO the effect
that those who would thereafter be called
as talesmen could be known in advance
Of the drawing of the jury; that protest
ing against delinquency in social virtue
they pretended to make true reports OF
their affairs in the performances Of pub
lie duties, but in fact they made and
caused 10 be made false reports know
ingIy and wilfully; that pretending TO
promote the true and lawful welfare Of
the mercantile interests Of their com
munity they IN fact Connived against It
and were false TO those who protested
and deceived them; that proclaiming
their own veracity they exposed them
selves to indictment for perjury and libel
and they were indicted and they were
made defendants in civil actions of libel
and they confessed; that pretending TO
have the tenaRtry Of an ecclesiastical
faith they lived in defiance of principles
espOused by the church to whom their
fidelity was pHghted; that protesting 10y
atty to their country and its Institutions
at their hour Of peril in the World S
War they furnished prO-German intelH-
.-gence service and they came under sur
Glance; that the said defendants, Della
% Smith, Louis Rowland, Richard
ahith and William II. Blodgett, have
5een accustomed habitually to make said
Indianapolis News the vehicle Of detrac-
ton and malice; that said acts, habits
and customs of the said Delavau Smith,
Louis Rowland, Richard Smith and VIII
liam Il. Bl0dgett and many other acts,
habits and customs Of them Of like kind
and similar purpose were acts, habits and
customs Of common nOtOriety and they
were known to the present owners Of
said indianapolis News Publishing Com
pany and TO said company at the time
said corporation was formed and forever
thereafter, or they could have been
known to said owners by the exercise Of
reasonable diligence on their part and
should have been known to them: that
part Of said corporation and its owners
they have negligentiy, csreiessly, wrong
fully and unlawfully kept and retained
in their services and in the relative DO
sitiOus and situations aforesaid the said
palavan Smith, Louis Rowland, Richard
Smith and William II. BIodgett and
neghgently, carelessly, wrongfuliy and
unlawfuly permitted and enabled them
to continue their said custom Of habit
ualy to make said Indianapolis News
the vehicle Of detraction and malice"
DEFINES AND DESCRIBES
OTHER DEFENDANTS.
The complainant then states that The
Henkel Publishing Company, one Of the
defendants TO the damage suit. publishes
The Brazil Daily Times at Brazil. Ind
and that the defendant Jesse +. Esch-
bach is a member Of the department Of
supervision and inspection of public Of
fees; that defendant William f. King is
assistant secretary of the State board of
health.
The suit then sets up in detail the al
legged overt acts of an alleged conspiracy
entered into BY the defendants to ma
hciously reduce him to Insolvency and
maliciOusly drive him out of business
and maliciously tniure him in the ex-
erelse OF his civil rights and maliciously
'-Ssny hlm the enjoyment thereof and ma
hciOusiy prevent him from making con-
tracts and carrying on his business and
maliciOusiy defeat him in his right and
attempts 10 make and earn a livelihood
for himself and those dependent upou
him" and also confederate and agree to-
gether and with one another maIiciousIy
TO Durzue his DIgfuriH and r,aiIcfovs1,,