Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1921-08-11
A. B. NJ M|LLEN
BRINGS SUIT F0R
$4,000 DAMAGES
Asks Judgment Against the
Journal Editor and Pub
fishing Company For Re-
cent Mention.

Suit for $4,000 damages, actual
and exemplary, was filed by A. B.
McMillen yesterday against Carl c,
Magee, publisher of the Albuquer-
que Morning Journal, and Journal
Publishing company.
The action is based on front
page editorial appearing on the
morning of August and on lead
editorial published in the issue OF
August 10. Mr.. McMillen alleges
that the statements were intended
to injure him by reflecting upon
his character, motives and actions
and that the statements are false
and malicious.
Sections one, two, three and
four sets out the personnel Of the
parties to the suit. The sections
five to seven inclusive deal with
the material in the front page box
and the rest of the suit covers the
editorial. Following are the Sec
tion five to seven:
".
That on the 9th day of August
1921. the defendants, we'll know
ing all the facts hereinbefore al.
legged, falsely and maliciously COM
posed, published and caused to be
published in said Albuquerque
Morning journal of and concerning
plaintiff, certain false, malicious
and libelous matter, in a commune
cation addressed "to the Public
and signed Carl c. Magee," as
as follaws, to-wit;
yet with his GA. B. Nc
Millens) approval, the Occi-
dental Life Insurance COM
pany a few months ago con-
cealed the life insurance poll
icy of q dead man (Which pol
icy was in the possession OF
the company to secure loan
it had made), and paid the
widow some $1,000 dollars less
than was due her.;
which said statement is false, ant
was maliciously made by defend
ants to injure plaintiff.
VI.
Plaintiff further alleges that OF
the 9th day of August, 1921, th'
defendants, well knowing all thu
facts hereinbefore alleged, falsely
and maliciously composed. pub
lished and caused to be pub
! lished in said Albuquerque Morn
ing Journal OF and concerning
plaintiff. the following, to-wit:
"Yet this man (meaning
plaintiff) owes Sandoval coun-
ty $4,000 in delinquent taxes;
which said statement was who'll,
false and was maliciously made
by defendants TO injure sale
plaintiff.
Plaintiff further alleges that OF
the 9th day of August, 1921. tn
said defendants falsely and ma
liciously composed, published ant
caused to be published in said Al
buquerque Morning Journal of ant
concerning the plaintiff, certain
false, malicious and libelous mat
ter in communication addressed
ITO the Public" and signed car
C, Magee," the following;
"These people deny an eff
fort to crush me. Mr.. McMil-
len is indignant tHdt ne 10
classed as one of the gang, but
he wants his pound of flesh,
while ice water oozes from his
pores;
thereby meaning and intending t.
mean that the plaintiff was in
conspiracy to crush the defendant
Carl C. Magee; that plaintiff wa
one of a gang that combined t
loot the state and Cypress grea
people; and in an effort to max,
said plaintiff appear ridiculous IL
the eyes of the people.
Plaintiff further alleges tina
each of the false and libelous state
ments herinbefore referred to wer'
made by the said defendants ma
liciously, with the sole purpose o
injuring and defaming plaintiff
and plaintiff claims exemplar!
damages in addition to damage
otherwise sustained by reason o
said false and malicious publica
lions