Furlong v. German-American Press Ass'n

Decision Date11 November 1916
Docket NumberNo. 16970.,16970.
Citation189 S.W. 385
PartiesFURLONG v. GERMAN-AMERICAN PRESS ASS'N.
CourtMissouri Supreme Court

Appeal from St. Louis Circuit Court; Chas. Claflin Allen, Judge.

Action by Thomas Furlong against the German-American Press Association, a corporation. Judgment for defendant, and plaintiff appeals. Affirmed.

L. Frank Ottofy, of St. Louis, for appellant. Campbell Cummings and Wm. F. Woerner, both of St. Louis, for respondent.

BLAIR, J.

This is an appeal from a judgment for defendant, entered by the circuit court of the city of St. Louis after sustaining a general demurrer to a petition in two counts, the pertinent allegations of the first of which are as follows:

Plaintiff in this, his first amended petition, for his first cause of action, states that the defendant is, and was at the times hereinafter stated, a corporation organized under the laws of the state of Missouri and engaged in the publication of certain newspapers of large circulation.

Plaintiff states that the defendant, on the 23d day of November, 1910, published of and concerning the plaintiff in the St. Louis Times, a daily newspaper circulating as aforesaid, regularly printed and published in the city of St. Louis, Mo., in an edition designated as the "Home Edition," the following defamatory and libelous matter, to wit:

"REVOLUTION IN MEXICO PLANNED HERE IS BELIEF.

"Activity in St. Louis of the Villareals is Recalled.

"Were Raided by Police.

"Girl Declares in Letters She Will Fight with the Men.

"It is believed by many Mexicans that the revolution now raging in Mexico is the result of the foundation laid by the Mexican revolutionists some years ago in St. Louis and advocated by Antonio Villareal and his sisters in the La Regeneracion. Antonio Villareal and his sister, Andrea, were the real founders of the Mexican revolution that is calling now the attention of the world, and while they are carefully kept at present in the background, it is said to be a fact they are conducting the battles. Luis F. Correa, who was banished from Mexico in August of the present year, is at present secretary of the American Manufacturers' Foreign Exploitation Company in St. Louis and keeps in close touch with the Villareals. Within the week he has received a communication from Andrea Villareal from San Antonio, Tex., where she is aiding her brother in the revolutionary movement. Correa was the correspondent for a press association and was located in Mexico City until August, 1910, when, he says, he was given notice by the Mexican Government he must cease sending dispatches to the United States or depart. He says that rather than be compelled to quit telling the truth about the situation he quitted Mexican soil and came to St. Louis.

"Correa Here in 1905.

"Correa was in St. Louis in October, 1905, shortly after the Detective Department raided the Regeneracion headquarters, 107 North Channing avenue, and arrested Villareal and his associates. The arrests were made as the result of a secret mission to St. Louis of Manuel Esperon y de la Flor, who, at the time, was Chief of Police of Puebla. He was in close touch with the Diaz Government, and his mission to St. Louis was kept secret.

"Antonio Villareal came to St. Louis with his two sisters and father in the early part of 1903, after his father had been released from prison and was exiled from Mexico. The senior Villareal was the first one of the Mexican nobles to attack the Diaz Government, and for this he was thrust into prison, and his money and property confiscated. They reached this city paupers, and both girls and Antonio, who had never known work in their lives, had to begin as factory hands. This awakened within Antonio the revolutionary spirit, and he departed again for Mexico, and after staying away a few months, returned, and an active revolutionary party was organized, and it was decided to publish the first revolutionary Mexican paper. Antonio found friends and assistants not only in Mexicans but in a number of liberal Americans, who helped him financially in publishing the paper. Not only did he himself take an active part in the paper, but his two sisters endangered their lives and liberty for the same cause. Many trips were made by them to Mexican border, and there the papers and instructions were issued to the inward Mexican Revolutionary Committee. It was through one of these trips that the Mexican police discovered that the main headquarters were located in St. Louis.

"Andrea Spied Upon.

"It was during the early part of 1905 that Andrea was traced by the Mexican spies from El Paso to St. Louis, and when it was discovered that the paper was being printed here and that all the orders came from this city, the Mexican Government began to act. The American Government was asked to surrender the plotters to the Mexican Government for attempting to dethrone Diaz. The Villareals then moved from Twelfth and Market streets to 1017 North Seventeenth street, and that was the last place the La Regeneracion was published in St. Louis. The police's attention was called to the place by the fact that it was formerly occupied by the St. Louis Anarchists as club rooms. It was the meeting place of many noted anarchists and well known to the police. It was during the last part of 1905 that Antonio Villareal and a number of his companions were arrested and for a short time the party was broken up. However, the work within Mexico was not stopped. Andrea, her sister and the feeble father kept it alive, and an open correspondence began between them and the Mexican revolutionists. For a time it was almost impossible for the two girls to take any steps at all. They were being shadowed in this city, and all their letters were opened in Mexico and for a time they were unable to do any active work. This was soon changed, and communication was established between them. Nothing could be done, however, while Antonio was in prison. Andrea knew the value of the knowledge of English, and also of the interest of public opinion. She wrote letters to the papers to stir public opinion and was greatly successful. After the American papers had been condemning Diaz for nearly two years pleading the cause of the Villareals, Andrea decided to go herself to Mexico and start an active outbreak. She discovered that she could not reach even El Paso, as she was shadowed by Mexican spies from the moment she left St. Louis, and to avoid being arrested hid in Dallas for over two weeks. She was to have met and conferred with a committee. The committee sent telegrams to St. Louis asking her whereabouts, but even telegrams were held back. Nearly a month passed before she could take any further steps. Andrea decided to dress as a man and penetrate Mexico. She was eager to partake in the battles herself. That was the last heard of her. Three months ago her brother was released. This was the signal for the reopening of active work. He summoned his old friends. It is believed that Andrea is leading all the revolutionary forces and that her younger sister is conducting the business end of the revolution. A few months ago Andrea wrote to a Chicago woman and in part said: `Soon I will be able to realize the ambition of my life and fight side by side with men for the liberty of my country. But, oh! how I wish they could know that I am a woman, but they will not till my body is found dead upon the battle ground.'

"Desmond's Visit Recalled.

"The visit of William Desmond, then Chief of Detectives in St. Louis, to Mexico to bring back Charles Kratz had its part in the capture here of the revolutionary conspirators. Desmond had been courteously received by the Mexican Government officials, who aided him in every way possible. For that reason, the Puebla Chief of Police was chosen as the agent of the Mexican Government to come to St. Louis and break up the junta, of which Villareal and his sisters were the recognized heads. Manuel Esperon y de la Flor, who was accompanied by his wife, appeared before the Grand Jury secretly and succeeded in getting indictments against Villareal and the other three editors of the paper they published. Police agents arrested all of the revolutionists. In addition to Villareal, there were Ricardo Flores Magon, Enrique Flores Magon and Juan Sarabia. Villareal's two sisters, Andrea and Louisa were at the time in the city but were not molested.

"Forfeit Bonds and Flee.

"Villareal and his companions were permitted to give bail and forfeited their bonds by departing to Canada, where they resumed the publication of their organ of the revolution. The Mexican government traced the revolutionists to Canada and again the paper was suppressed. Efforts to extradite them failed, but the headquarters of the junta then were removed to Arizona. `Villareal was driven from Arizona,' said Correa Wednesday, `and established headquarters in Los Angeles, Cal. More than a year ago Ambassador Creel was sent from Washington and instructed to proceed to the Pacific Coast and bring all pressure he could bear upon the extradition of Villareal.' In this he was successful. `While Creel was on his way to Washington he met the Mexican official in St. Louis who had been acting as ambassador at Washington while Creel was on his special mission.'

"Vigilance Not Relaxed.

"`After Creel's mission had failed, the Mexican Government never for one moment relaxed its intention of obtaining custody of Villareal, whose power continued to grow. It employed a St. Louis secret service agency to go to Los Angeles and smuggle Villareal across the border, where he was to be summarily dealt with. The private detectives were successful in getting the confidence of Villareal, and they had him within sight of the Mexican border when he awoke to their plans. The revolutionary leader turned suddenly on two detectives with him, broke loose and escaped. He returned to Los Angeles, where he took up the attempted kidnapping with the Los Angeles...

To continue reading

Request your trial
28 cases
  • Duncan v. Record Pub. Co
    • United States
    • South Carolina Supreme Court
    • September 21, 1927
    ...558; Wall v. Railroad Co., 18 Ga. App. 457, 89 S. E. 533; Wright v. Great Northern R. Co. (Mo. App.) 186 S. W. 1085; Furlong v. German American Press (Mo.) 189 S. W. 385; Irvine v. Barrett, 119 Va. 587, 89 S. E. 904, Ann. Cas. 1917C, 62; Vitagraph Co. v. Ford (D. C.) 241 F. 681; Talbot v. M......
  • Riss v. Anderson
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • June 7, 1962
    ...words, the offense charged must constitute a crime at the place where it is alleged to have been committed. Furlong v. German-American Press Ass'n, Mo.Sup.1916, 189 S.W. 385, 388. See Lightfoot v. Jennings, supra, 1953, 363 Mo. 878, 254 S.W.2d 596, 599. That the testimony with which we are ......
  • Musser v. Musser
    • United States
    • Missouri Supreme Court
    • March 26, 1920
    ... ... Rialto Co. v. Minor, 183 Mo.App. 128; McDonald ... v. Life Assn., 154 Mo. 628; Lee v. Mo. Pac., ... 195 Mo. 415; Coleman v ... 664] in Furlong v. German-Am. Press Assn., 189 S.W ... 385, the language employed, ... ...
  • Becker v. Brinkop
    • United States
    • Missouri Court of Appeals
    • February 5, 1935
    ... ... 575, 591, 592, 144 ... S.W. 812. See also Furlong v. German American Press Assn ... (Mo.), 189 S.W. 385, 388.] ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT