New-York tribune., 1922-08-03
Refine Davies
To Start New
Libel Actions
Civil Suits Against Three
Newspapers to Follow
Dismissal of Criminal
Charges for Party Story
Clash Causes Decision
Witness Also Declares She
Will Sue Counsel of
''News" for His Remarks

Immediately after the dismissal of
the criminal libel suit brought against
The Daily News" for using the name
OF Marion Davies, motion picture
actress, in news accounts of the party
OF Refine Davies Lederer at Freeport.
l.. J., at which Oscar Hirsh was shot
by his wife, Miss Davies and her coun-
sci announced that they would insti-
tute civil action against THE Daily
News" "The New York Herald" and
The Evening Telegram" They also
sd sald they would start an action against
macdonald De Witt, counsel for the
defendants in the trial just ended. al
leging criminal libel
The suit against "The Daily News"
was dismissed by Magistrate SimDson
in West Side Court yesterday after
noon. The court took similar action
IN the criminal libel suits against
The Herald" and "The Evening Tele-
gram. These had not yet come to
trial. W
Miss Davies is said to have been in
Huenced in her decision by the clash
ae a., the close OF the trial between Will
Lederer, and De Witt. Black charged
De Witt with dragging the case
through the mire" in his efforts to show
{hat the star witness overindulged in
hquor on the night of the party.
ou ave tried to besmirch the name
OF this witness" said Mr.. Black. And
l ask you to deny it if you can. More
over. you know that Marion Davies
wasn't wa at this party. Why don't you
get up and say SO"
Why doesn't Marion Davies come
Witt.
Dismissal Follows Motion
When Mrs. Lederer finished her tes-
timony yesterday Mr.. De Witt asked
for dismissal of the case. The motion
was Immediately granted by Magis-
trate Simpson, who ruled as follows:
Since the close of the peoples
testimony last week | have carefully
considered all the evidence and re-
examined the authorities on criminal
llbel: Because of series of such pro-
ceedlngs that have come before me l
have concluded that the offense here
Of a criminal libel. l may say this
even though it has been conclusively
established that Marion Davies, a
screen artist of wide repute, was not
at the home of her sister in Freeport.
l.. l., on the evening of June "a. There
is no doubt that the false publication
that she was present subjected her to
considerable annoyance and discom-
future and that with those who did not
might have suffered injury in her pro-
fession. But this would seem to re-
quire resort to civil remedy, unless
the wide publicity given to the pro-
ceedings herein, so clearly establishing
the fact that she was not present in
Freeport on the night in question,
makes such resort unnecessary because
the publicity given to this pending pro-
ceeding has nulliied such wrong as
may have been done to her by the pub
lication complained Of"
Tells of Inn Visit
Mrs. Lederer, wearing a black satin
frock, clinging black cape and wide
brimmed hat, gave her testimony with
noon. She was closely questioned as
to her actions on the night before a
motor accident in 1918, as the result
of which she brought suit for dam
ages against Sine Silverman, publisher
of Variety" in whose car she was
riding, and the owners of a bus which
struck the Silverman car and injured
her
did you have breakfast on June 18,
1918, about 8 o'clock, at Tumble Inn
with Mr.. Silverman she was asked.
Eyes"
"Where did you spend the night be-
fore ?"
"At the home Of Mr.. and Mrs. Joseph
Kahn"
"And where did Silverman spend the
night?"
"At Tumble Inn, three-quarters Of
mile away"
what hour on the night before did
you go from Tumble Inn to your
friends house?"
Between 12 and 1880, accompanied
by my friends"
Mrs. Lederer testified that on the
night of the party at her home in
Freeport, Mr.. and Mrs. Hirsh arrived
about or $3.50 and left about $3.50.
Are you in position to say of your
own knowledge that Marion Davies
could not have come in for a moment
and left?"
81 am"
after the shooting, did you say to
your chauffeur in the police station
Shut your d mouth!'"
81 did not address my chauffeur at
all in the police station"
"Did you say at the police station in
the presence of Assistant District At
torney Elvin Edwards: 4 want to get
the record right. l want to get 1t right
"No, of course not"