Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1922-10-07
LIBEL SUIT IS
BEING TRIED IN
DISTRICT COURT
Judge M. {. Hickey Over
rules Carl c. Magee's
Motion Seeking to Make
Reynolds His Indemnltor.

Following the overruling Of the
motion filed by Carl c. Magee, de-
PENDANT in the $4,000 libel suit
started against him and the
Journal Publishing company, in
which the defendant attempted to
establish Joshua S. Reynolds as
indemnitor on the grounds of his
subsequent purchase of the Morn
ing Journal with an alleged under
standing that he was to secure the
dismissal of the suit or stand as in
demnitor, the jurymen for the case
were chosen yesterday morning
and the case proceeded to trial on
it's merits.
Members of the jury are George
c. Wolff. Henry G. Turner, Jose
Ceramics, Ambrosio Chaves, M.
Trujillo, Antonio Sanchez, Albert
Korber, Horace Strong, w. c.
Raabe, r. e. Dietz, Julian Trujillo,
and Beseslado Soto.
The suit arises out of series of
editorials published by the defend
ant in the Morning Journal while
he was its editor and which are al
legged by the plaintiff, A. B. Nc
Millen, to have damaged him to the
extent of $4,000, the amount sued
for in the case.
Mr.. McMillen. according to his
Testimony, has been resident of
Albuquerque for the past 20 years,
during which time he has practic-
ed law and been identified with
several large business corporations
an the city, including the First Ma
tional bank, of which he has been
attorney for that period of time
ana a director for the past %
years, and the Occidental Life In.
surance company of which he has
oeen president and attorney for the
past eight years. He testified to
filing the suit for the collection
OF q note which was claimed to be
due the First National bank from
| Carl c. Magee. The suit for col
Aection was filed, he stated, upon
direction from the bank. This suit
touched upon in several of the
EDITORIALS complained of.
|M cross examination, which was
parried on at the start by Mr.. Ma
zee, who is also an attorney. was
Wlled with technicalities. Magee.
upon an adverse ruling by the
court, gave way to II. b. Jamison.
one OF his attorneys, who complet-
g the cross examination. Nj
Jamison attempted to ask a num-
per OF questions intended to bring
out whether the plaintiff had suf-
Tered financial loss in his business
On account Of the alleged libel edi-
torials. but the court ruled out the
questions.
IN The remainder of the afternoon
was spent in reading the editorials
upon which the suit Is based. The
trial Will be continued this morn
ing at 9 o'clock.
In the motion filed by Magee and
oterruled' by the court Yesterday
morning, the defendant alleged
that he had sold the Morning Jour
nal to an unknown purchaser
whose agens was Sidney M. We'll
and who, through Mr.. We'll. agreed
10 either have the libel suit started
against Magee by A. b. McMillen
cropped or to act as indemnitor.
Inc unknown purchaser, he stated.
nolds.
Answering the motion, the plain
tift claimed that he had never
entered into contract to drop tbe
libel suit against Magee and that
sidney M. We'll, instead of acting
as agent for Joshua S. RaynoIds
nad IN fact been the agent of carl
=. Magee. This motion was heard
oy Judge M. e. Hickey Thursday
AFTERNOON and taken under advise,
hnent until Friday morning. when /
he overruled it.