Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-12-03

is CLAIM In
LIBEL ACTION
Effort To Escape c
Court Jurisdiction
Seen BY Plaintiff

'The p. F. Golfers Publishing COM
pany Is attempting to hide behind
dummy defendant" r. B. Creager,
plaintiff In a Sl.O00,000 libel suit
against the company, declared In q
statement Tuesday.
The Creager statement follows:
There appeared In the Brownsville
Herald OF November 8 an interview
given out by Charles x. Kelley, at
torney for p. +. Collier & Son Com
pany. the correctness of which in
terview is supported by the affidavit
Of the reporter for said paper. In
this interview, IL was stated that
Golfers was ready To 20 10 the bat.
would insist On q trial at Browns
vile, would admit that the things
which the plaintiff alleged had been
published about him were so pub
lished and that Golfers would ad-
NIT that such statements had been
made and published, and that Col
lier'S would plead truth and justi-
fication and support such pleading
by proof.
PleaGings Contrary
The pleadings on file show the
contrary. The Publishing company
instead OF coming into court has
attempted TO esc~De the jurisdiction
or the court by filing motions TO
quaSh service OF citation and has
filed no answer IN either case. The
Distributing Corporation, In the ans
wer filed by 1t today, denies in the
special answer that 1t either pub
liShed, distributed, sold or circulated
in Cameron County, Texas or else
where any copies Of Golfers The
National Weekly containing the
articles on which these suits are
based.
The Distributing Corporation by
its special answer shows that it
will endeavOr 70 prove a total lack
Of connection with the publication,
distribution and circulation Of the
articles complained Of and that 1t
had no knowledge Of the articles
or the contents Of the magazine and
thereby attempt to escape all res
possibility 70 rthe publication and
circulation Of the articles which
were published In Golfers Weekly.
In short. the Publishing Company
Is trying to hide behind q dummy
defendant.
The Distributing Corporation In
its answer also pleads especially that
the article con,$ lained of is not by
its express terms or by necessary
implication, a libel upon plaintiff
nor would the same be so under
stood by the ordinary person read
ing the whole article, including cap
tiOn, introduction, and illustrations
and further specially pleads that
part OF the article which the plain
tiff alleges charges him with cri-
minal and dishonorable acts were
charges made solely against other
persons" and further pleads that
the article IN its relation 10 Plain
tiff does not charge him with any If
the acts or conduct OF the Demo-
cratic administration in Hidalgo
County, Texas, or with the reception
OF any profits from such act or con-
duct"
Denies knowledge
'The Distributing Corporation, in
its effort TO escape liability. alleges
that 1t did not have any knowledge
as TO the contents Of the issue Of
Golfers Weekly Of the date Of June
22nd. 1929, nor as to the existence
therein Of the article complained
Of by the plaintiff. In fact. the Dis
tributing Corporation alleges that
the defendant has no knowledge
whatever OF the contents OF the
issue OF Golfers Weekly dated June
22nd 1929. prior 20 the commence
ment OF this suit; and that any al
legged distribution, sale and circula-
ton Of said issue by the Distributing
Corporation was without its know
ledge of the alleged hbelous contents
thereof.
1T Is. thus made evident by the
actual pleadings filed in this Court
that p. T.. Collier a. Son Company,
the publisher OF Golfers The Ma
tional Weekly, Is making d Stren-
(Continued On page Eighty