"Plaintiff, for his cause of action, says that, at the time hereinafter mentioned, defendant was the publisher, printer, and proprieter of a certain newspaper of large circulation published in the city of St. Louis, state of Missouri, and known as the St. Louis Post-Dispatch; that on the 13th day of March, 1898, there was printed and published in said newspaper the following false, defamatory, and libelous article, of and concerning the plaintiff, to wit:
"`Uncovering a Huge Swindle—Two Market Street Ticket Brokers under Arrest—Detectives Crack a Safe in Search of Evidence in the Scalper's Office of "Jack" Friedman— R. H. McCloskey also Accused—Forgery and the "Raising" of Passes and Transportation Jointly Charged against the Prisoners. Pedestrians who looked into the office of J. H. Friedman, ticket broker, 1801 Market street, yesterday, saw two men drilling into a huge iron safe in the same manner that expert cracksmen operate. Instead of daylight burglary, as appeared at a glance, it was an effort by Detectives Healy and McGrath to secure contraband matter as evidence in what prominent railroad officials say is one of the most gigantic ticket swindles in St. Louis. Besides their equipment of safe-blowers' tools, the detectives were fortified with a search warrant authorizing them to take unlimited liberties in Friedman's ticket office. Meanwhile the broker, who is known throughout the West as "Jack" Friedman, looked on in silence. He was a prisoner, arrested on the charge of issuing forged tickets. About the same time L. H. McCloskey, another ticket broker, at 1731 Market street, was also arrested on a similar charge. Both brokers were under indictment, true bills having been returned by the February grand jury in its final report Friday. It is alleged that Friedman and McCloskey operated jointly in the disposition of fraudulent tickets. The warrants for the brokers were served by deputy sheriffs, but the work of securing tickets and paraphernalia to be used as evidence in court was assigned to the detective department. When the officers went to Friedman's place and asked for admission to his safe, the request was refused. "I cannot open the safe," Friedman is alleged to have said. After some parleying, the detectives determined to use force, and, while one stood guard, the other went out to get the tools with which to open the safe. It required an hour's work before the innermost recesses of the safe were reached. As the third inside door sprung open under the pressure of the official jimmy, Friedman looked on in amazement. Detective Healy's hand delved into the steel box, and brought out a big bunch of tickets, punches, stamps, and other paraphernalia, including a bottle of powerful acid, labeled "Ink Eradicator." It is asserted by the authorities that the acid was used in removing names of destinations and other writing on tickets. When a demand was made upon McCloskey for tickets, punches, and other material in his possession, he said: "Wait a minute, please, until I get what you want." He got it; then he threw it into the fire. At least, that is the story told by the detectives. McCloskey and Friedman were taken to the Four Courts. Friedman was released on bond, with Epstein & Burnstein as surety. McCloskey was locked up in jail. The charge set forth in the indictment is the forgery of the name of Henry Lihou, general ticket agent at Union Station. Behind this formal charge is a long story of alleged ticket manipulation, which is attracting attention from railroad men throughout the West. Briefly summarized, it is charged that Friedman kept a stamp, which he obtained from McCloskey, and which is a fac simile of the stamp used at Union Station for the purpose of executing unused portions of round-trip tickets. Friedman, it is alleged, has been the manipulator of the tickets. It is said that he is an expert on plugging tickets, raising passes, and in forging the name on the reverse side of tickets signed by the original purchaser. Friedman's ability, aided by the bogus stamp, made it possible for him to place on sale a large volume of transportation otherwise void. It is claimed that for a long while Friedman has spent his evenings in "fixing" tickets, screened from public gaze by a high desk. It is further alleged that a young man, who is not yet under arrest, and who is an expert penman, has been in the employ of Friedman and McCloskey. His duty was to remove the destination from tickets by means of the "ink eradicator," and, in the blank space thus created, fill in the destination desired by the purchaser. When there is a call for a ticket which is not in stock, the purchaser's order was registered, with the understanding that he could be accommodated by calling later. In the interim, so it is alleged, the ticket would be "fixed" for the destination wanted. For instance
it was an easy matter to take a ticket good for a fifty-mile ride, and, by means of erasure and substitution, lengthen the transit power to meet the requirements. Railroad men say the country has been flooded with bogus tickets for a year or more, and the forgeries were so clever as to escape detection in almost every instance. General passenger agents knew that a wrong prevailed, but it was a long while before they had even a semblance of a clew. General Passenger Agent Townsend, of the Missouri Pacific, was one of the first to take up the case. He consulted Martin Clardy, of the legal department. Martin & Bass, attorneys, were employed as supplemental counsel, and Detective Thomas Furlong was also retained. As a result of investigation, suspicion was directed to Friedman and McCloskey, and the matter was presented to the grand jury in such a way that true bills were found. Among other plans brought into play by the railroads was the execution of test tickets, which it is said form a strong link in the evidence. "I have nothing whatever to say," said McCloskey when a reporter for the Post-Dispatch talked with him in the jail last evening. "It is charged that you burned tickets and other evidence sought by the detectives," said the reporter. "That is not correct," replied the imprisoned broker, "but I do not care to discuss my case at all." Friedman is looked upon by the authorities as the prime mover in the alleged frauds, while McCloskey is regarded as a confederate. An amusing incident in connection with the case is a mistake made by a deputy sheriff who went to Union Station Friday night, expecting to find Friedman to take a train out of the city. While the deputy was looking around for his man, whom he did not know by sight, somebody called out, "There goes Friedman now." At the same time a dapper young man hurried through the station gates, by a slightly dressed young woman. The deputy did not reach the couple, and he was glad soon afterward that he didn't, for he was informed that the Friedman who passed through the gates was not the ticket broker at all, but a wealthy young man who had been married less than a day, and was en route with his bride to the East on a wedding tour. It is given out on reliable authority that other arrests will be made and further developments are expected.'
"Plaintiff says that said publication was willful, wanton, and malicious, and that he has been greatly damaged thereby. Plaintiff therefore sues for $5,000 actual damages and $5,000 punitive damages, for which he prays judgment."
