Evening star., 1951-10-03
Pearson 'sLibeI
Charges Vague,
Paper Contends
Voiding Of z Counts
In Suit Is Sought
By Times-HeroId
By w. H. Shippen


The question of whether Wash
ington hostesses should be en-
joined from inviting Columnist
Drew Pearson and Senator Nc
Carthy to sit at the same dinner
table was raised today in District
Court.
Describing Mr.. Pearson's $51
million damage suit against the
Republican Senator, the
Washington Times-Herald and
others as vague, Attorney Louis G.
Caldwell asked the court to dis
miss two counts referring to the
Mr.. Caldwell told Judge F.
Dickinson Let's that he could not
tell from the suit whether the
columnist was seeking to regulate
the issuance of social invitations,
trying to stop the newspaper from
publishing anything of a critical
nature about him, or asking the
court to prevent any physical en-
counters with his critics.
Assault Charges Cited.
The attorney was referring to
Mr.. Pearson's charges that Sena-
tor Mccarthy assaulted him, in
furtherance of a conspiracy to
publicly discredit him, at a dinner
party in the Sulgrave Club last
December IL.
MIR. Pearson claimed the SEN
ator and former Marine squeezed
him at the base of his skull while
he was seated at a dinner party,
and later kneed him in the groin.
Mr.. Caldwell is seeking dismis-
sal of the third and fourth counts
in the suit, which asks S4.5 mil
lion from the Senator, the Times
Herald and various individuals.
The suit, among other things,
charges the defendants violated
the antitrust laws by conspiring
to hold Mr.. Pearson up to ridicule
and trying to drive him out Of
business.
100000 Sought.
The first two counts in the suit
seek 100000 from Senator Nc
Carthy personally because Of the
alleged physical assault and re-
putedly libelous statements made
against the columnist.
There is not a word in counts
3 and 4 as to what any of the
defendants said against Mr.. Pear
son." Mr.. Caldwell declared. The
suit simply charges false and
libelous statements against him"
The attorney contended that q
charge of conspiracy to libel must
be backed with specific facts.
Neither the alleged libelous
Language nor its substance has
been set FORTH" the defense coun-
Isel continued.
The attorney cited precedents
to back his argument that the
charges must recite when, where,
by whom and to whom the al
legged libelous statements were
made"
Mr.. Caldwell argued that the
court could not determine from
the suit what was said against
Mr.. Pearson or by whom. He de-
clared the various defendants
could not prepare a proper de-
fense because the suit had not
been specific in bringing charges
against them.
Former Employe Included.
The attorney told the court
that he was representing the
Times-Herald and wished to in
clude in his plea for dismissal a
former employe of the newspaper,
George Waters. Washington pub
lie relations man. who worked
for Senator Mccarthy for a short
time. Mr.. Waters is a former en-
ploye of the Times-Herald and
also a defendant.
Mr.. Caldwell declared the
charges were brought under the
antitrust statutes in an effort to
suppress the freedom of the press
and the freedom of Senator to
make a speech on the Senate
floor"
The suit, Mr.. Caldwell said, OBJ
viously refers to a speech which
Senator Mccarthy made on the
floor of the Senate on December
Is. Later. it was charged, a 81
page mimeographed copy of the
speech was delivered to members
of the press gallery.
In the talk. Senator Mccarthy
accused Mr.. Pearson of being a
spokesman for the Communist
Party and challenged his veracity.
loyalty to the United States and
patriotism.
Other Arguments Set.
Several additional motions were
to be argued today, including one
to require Mr.. Pearson to be more
specific in his charges of libel
and conspiracy, and another to
dismiss the whole suit.
Mr.. Pearson was scheduled to
continue making a deposition in
the case tomorrow, and Senator
Mccarthy was expected to add to
the deposition he began last week.
No date has been set for the
trial, pending completion of the
pretrial motions and dispositions.