The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1921-04-01

against him, and the alleged facts out
OF which said case resulted, and that
such reports purported to contain
statements Of facts, when in truth, said
statements did not contain facts, but
contained false statements; that, said
newspaper contained statements false
in point of fact and to the effect that
afiant had bitten and chewed the
body of Ernestine Malone, and that he
had assaulted the said Ernestine Ma
lone with a board or a blackjack or
some similar bIudgeon, when, in truth,
the said Ernestine Malone testified in
the preliminary hearing in this cause
that afflant had not bitten or chewed
her body and had not assaulted her
with any board, blackjack or blu6geon,
and that said reports and statements
were published in said newspapers on
several occasions, and that said news
papers have a circulation in Pensacola
and Escambia county exceeding seven
tyfive hundred 5000 in number, and
that each newspaper Is generally sup
posed and estimated to be read by five
different persons; that, the father-in-
law and father of the said Ernestine
Malone have circulted about the
streets of Pensacola for the past
month, except for a part of the time
when Ernestire Malone father was alb
sent from the city of Pensacola, and
have discussed with a large number of
persons the case against aff1ant, and
the alleged facts out of WHICH It grew,
and that affiant is informed, and be-
lieves, and therefore alleges, that they
nave circulated exaggerated reports
n aH
OF inf1ammatory statements regarding
the same; that, Ernestine Malone is
the wife of Roland Malone, who is a
son of Jack Malone, and that the Ma
lone family has resided in Escambia
county, Florida, for more than Is
years and is related by blood or mar
riage to a large nun Der of persons,
which, aff1ant Is informer and believes,
and therefore alleges, exceeds one hun
bred Q00) in number. who are resident
in the city Of Pensacola, in Escambia
county, and in different sections of
said city and said county; that, on
Feb "a, A. D., 1921, and about six
days after it is charged that the crime
of which defendant is accused was
committed). handbills were distributed
over the public streets of the city of
PENSACOLA advertising a mass meet
ing" to be held at the Armory hall, at
10 o'clock, on that date. One Of said
handbills being attached to this aft
davit. That, an advertisement was in
serted in the morning paper request
ing interested persons to meet at said
Armory hall to attend said mass
meeting" that, about 10 O'Clock, A. NJ.
on said Thursday morning, a large
number of persons gathered at said
Armory hall, estimated to be a num-
Der between three hundred 5000 and
four hundred and fifty t450) persons,
at which the crime of which aftiant is
charged was denounced, and affiant
was condemned, and inf1ammatory
speeches We're made. and resolutions
were adopted reciting that the persons
present should attend the trial Of af-
faint, and that the prosecuting attor-
ney should not accept any plea from
the defendant for any crime other than
that for which the greatest punish
ment might be imposed, although, a.
that time, affant had no thought of
entering any plea other than that OF
Not Guilty" and resolutions were
adopted reciting that the defendant
should not introduce any evidence at
the trial Of this cause which would re-
feet upon the sobTiety or chastity Of
Ernestine Malone, and that money
should be raised by subscription to
employ special counsel to assist in
prosecuting affiant; that, affant is in
formed. and believes, and therefore al
Ieges, that the United States marshal
for the northern district of Florida
presided at said meeting, and made a
speech in which he declared that if any
man should treat his wife as the de-
PENDANT was charged with having
treated Ernestine Malone, he, the said
United States marshal, would person
ally do violence to such person; that,
said meeting was attended by the
clerk of the United States district
court for the northern district of Flor
ida, who made several remarks preju-
diciaI to the defendant, and offered at
least one of the resolutions mentioned;
that, among the persons present 81 said