Evening star., 1951-11-23
Three Defendants File
Answers Deny
|DrewPearsonC charges
By W. n. Shippen

by w. n. ShIppen
Answers were being filed by
most defendants today to Colum-
mist Drew Pearsons $5.1 million
suit charging conspiracy to run
him out of business.
The Washington Times Herald
denied it had published any
"defamatory" statements about
Mr.. Pearson or entered into con-
spiracy against him Attorneys
for the newspaper asked that Mr..
Pearson be required to clarity his
charges before the case goes to
trial.
Meanwhile. the principal de-
|fendant. Senator Mccarthy, Re-
publican, of Wisconsin was to file
an answer today to Mr.. Pearson S
charges that the Senator kicked
and slapped him at a dinner
party and conspired with others
named in the suit to ruin his
business.
Lewis Denies Charge.
News Commentator Fulton
Lewis. jr., denied the conspiracy
charges while admitting he re-
ported on the assault incident in
the Sulgrave Club last December
and also upon Senator McCarthy's s
speech in the Senate attacking
Mr.. Pearson.
Both Mr.. Lewis and the Times
Herald insisted their reports had
been fair and accurate" and
without malice. Attorneys Louis
G. Caldwell, Kelly H. Griffith and
Perry S. Patterson entered the
Times Herald reply, while Attor-
ney Roger Robb acted for Mr..
Lewis and Edward K. Nellor, one
of Mr.. Lewis assistants.
The newspaper declared the
constitutional guarantees of free
dom of the press would be violated
/. II it were required to go to trial
without being informed OF the
authorship. the words and dates
OF publication of matter alleged
to have DETAINED or otherwise
damaged Mr.. Pearson.
Filed Under Protest.
The answer was filed under
protest" and without waving the
newspapers right to renew its ef-
forts to obtain a severance or to
force Mr.. Pearson to produce doc
uments to back his allegations.
The respondent declared Mr..
Pearson has failed to present al
legations "of sufficient definite
ness and timeliness to enable the
defendant to know what is charged
and what defenses are to it and
to prepare for trial"
Mr.. Pearson. through Attorney
William A. Roberts. contended the
Senator, the newspaper. Mr.. Lewis
and others conspired to injure Mr..
Pearson's business in violation of
the antitrust laws. Any relief
granted him under this charge,
the newspaper contended, would
be "perversion" of the anti
trust act" and IAN abridgement
OF freedom of speech and of the
press" as defined by the First
Amendment of the Constitution.
Overruled Dismissal.
Earlier District Court Judge
had overruled motions of the
newspaper for a dismissal or a
severance. Dismissal motions and
requests for Qualification brought
by other defedants also were re-
jected.
The case may not go to trial
for months. Lengthy pre-trial de-
positions being taken from Mr..
Pearson and the principal defend
ants are only about half COM
pleted. The court must pass on
the relevancy of tens of thousands
of questions and answers before
the dispositions are admitted in
the record.
Mr.. Pearsons's attorneys are ex-
pected to request the court in a
few days to require answers to
scores of questions which the de-
PENDANTS have rejected as imma-
terial on advice of counsel.
The Times Herald pointed out
it was not named in the first halt
OF the suit relating to the physical
encounter between Senator Nc
Carthy and Mr.. Pearson. This
part of the suit, it was contended
is brought solely against another
person"
Disclaims Defamation.
Pointing out Mr.. Pearson had
failed to specify what stories he
felt had damaged him. the news
paper said any references to the
columnist were not defamatory
either because they were true "or
privileged as fair and accurate
report, in good faith and without
malice"
Any reference to Mr.. Pearson, it
was contended. was made "in the
normal and legitimate course" of
publishing the newspaper.
French Troops Off to Korea
MARSEILLE. France, Nov. %
I(P.-Fiye hundred and thirty.