The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1921-11-01

LA
A. i>e<, hattie between inc a~isnsaeys
faf thc aeiendants and n.nlntiffs
wAsch issi,d all DAY. marked the
optnlnS Of tho iliol znl,a bFoseht BY
j, y. Hssnofaa and A. a 1itMiicn
preinst caA 9 nngco \ me Joafnnl
Publishing company in the district
court.
The hearina today on thr motion Of
thu deqtrtanfs 70 dtrite The nntendcd
t1uuiniatf o. the plainfiffa' from the
li1r. trnfert,i about fht question OF 10
wissf extent an amended complaint
rould depart frcm an original ccm-
Mach :aw and citation OF aufhorl-
ties va< brought IN BY both sides on
this issue IN the lengthy arguments
which fhry presented. aud no decision
WINS hanled down ~ the court whom
the heating closed this afternoon.
Onl, frn In Courtroom.
Wten II. n Jamlson. attorney for
Carl @ EaEes and the Journal Pub
ilahing company. opened the care at
9tso this morning. the cuuTfroon vas
urorficaliF cfnrty. Only n few law
ycrs were nrcsfnf to caE the argu-
mfrt Of the mofion,
Tho notlon 20 slriks from the files
the an.fnded eempl.inis which we're
NNN|A MAA|A AN4| wv -|I|AAH - ~ |A
answer 70 the original complaints. wns
supported on the Krounds that the
anfldef complaints were flied with
out consent OF the coprt or sanction OF
law. and that they were entlreiy tr-
re'event 10 the causes st up In the
original complaint
rhe firpt Of these points wae ADAM
6oaed. when il was learned hy the de-
PENDANTS counsel that an order allow
Ing the amended complaints had been
issued. Thc argument was then cen
tered about the other two grounds for
the motor.
Mr.. Jamison spoke for an hour 4 n
the floo= 60 r. Il. Wood. who repre-
sented both J. n. Reynolds n a. b.
McMiilen. Mr., Wood, In turn. spoke
for an hour against ALLOWING the mo-
ton TO strike tho amended complaints
from the FLEA. The court adjourned
a. noon until 2 o'clock this afternoon.
Motions Arc friyoious.F
Frankly" M. Wood stated. In
upenlng hir argument. Il still think as
stated when the motions 70 strike
the entire complaints from he files
were first filed. that the motions are
he stated that 10 the drawing Of the
original complaints due delIheratlon
had not been used b MT. AeMilian
and AR. Raynoldr, due TO the fac
that they were ut the timp smsrting
tfam the accusations which had been
made saeinst them IN the alleged
ibsious editorials Of tbs Mo-ning
JpurnaL
The amended eenn,sipts. he stated.
mcrely were drawn To explain the
meaning az The charges made Ia the
original comp;aintS He stated that
the amended complaints brought In
tho matter OF Inducements, which
made the alleged hbeisus statements
Of The Morning Journal ~ effective,
by showing what influence the Norm
ing journal had brought to benr on
The mind Of the public PRIOR to the
publication Of the specific statements
which are quoted In the O. iginal CON-
pitint.
fHhethcr New Mexaco Is In control
of a gang, and what the characteris-
tioa Of this 'gang' are. cannot be an
The issue Is whether a man IN public
NE a be accused IT conHpirinE with
crooks and outlaws In order 10 get a
ahnre OF loot which they arr suppoaed
70 be getting"
The libel suit Of J.. n. Raynoids
vcrsue Car. G. Spsce ard the Journal
P~uhh.hing company was nled on Au-
s5e aoo Punitive and n~pensatory
damages, The ope nlsd * A. y. Me
BfAicn asainn the ZANE defendants.
and aahins the same afaultul Of dam
axes. Nar nled several days later.
10th we're answered ~ the defend
ants. and after the answers had been
nled. amended conf tRiuU were filed
by the plaintiffs. The mutlon to
stride the amended complaints ron
the iilcs Mere flied and allowed sew
cral weeks ago.
Pig m Whistle candies. College Inn.