The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1921-10-07
THE CASE OF DR.. MURPHEY

/. TTORNEYs for DIR. w. T. Murphey object TO the publication in
a The Herald Wednesday of the substance of allegations made in a
IA complaint filed By the Blethrow estate against their client. Their
objection IL nnaceompanied by any threat of retaliation and er
dences no desire to try the case in the newspapers. They simply point
out that publication Of these allegations, which in effect charge fraud
against the estate Of a patient who died in the Murphey sanitarium,
constitutes a serious injustice to DIR. Murphey, when published with
out any accompanying statement of their clients side of the case.
They do not desire TO make such a statement until the case comes on
for trial and hold that pending the actual hearing in open court with
both sides represented, the allegations in the complaint should not
have been published.
proper aud that the allegations in this complaint should not have been
published in advance Of an actual trial; at least without an accom-
panying statement of DIR. Murpheys side of the matter
The news report Of the filing Of this suit contained nothing thM
could be construed to support the allegations. The public should
and generally speaking the public does understand that the mere set
ting ul ~ sn allegation in q complaint filed in a court, does not in
cause. Also II is true that the filing of a complaint as a cause OF ae-
ton does not carry with it permission TO publish the allegations IN
such complaint as privileged matter" in the sense that publication
OF proceedings had before q court is privileged.
Whether rightly or wrongly, however, IL is the established prae-
tme Of newspapers everywhere to publish allegations contained IN
complaints filed for action before the courts, as beng news 70 "hieh
the public is entitled. The custom occasionally results in injustice TO
a defendant who has been made the object Of al unwarranted charge
or an unjust cause. When such an injustice occurs, the right kind OF
newspapers leave nothing undone TO correct It,
In the case under consideration IL appears that an action IN
repleyin was instituted against DIR. Murphey last July by the same
plaintiffs, in an effort to recover articles for the alleged loss Of which
damages are sought in the present acton. DR.. hurphey filled an
answer 10 this action in which he made specific denial that he has or
ever had any property belonging to this estate. This replevin action
apDears 10 have been abandoned by the plaintiff. IL develops thai IN
stead Of being a initial action against Dr. Murphey, this damage
suit seems 30 be a ramifeation Of a long drawn-out controversy ana
in such a controversy both sides should always command fair con
AZ 4 matter of course The Herald had no intent to be unfair to
or injure DIR Murphey. To this newspaper the filing OF this compliant
in so far as we had knowledge, was a new action ana was therefore
news, just as the proceedings had in the ease when 1t comes to trai
In the meantime ii is fair to Dr. Murphey TO say that the public
should not regard as facts allegations set up IN q compliant ~ a eva
action Of this kind and that any conclusions concerning the case
should be withheld until there Is a judicial determination upon ats
merits.