Suit's End

Editorial offices buzzed early this year when Charles Fulton Oursler, 44, well-paid editor-in-chief for Bernarr Macfadden's 5-c- weekly Liberty magazine, popped into the spotlight with a $150,000 libel suit against his employer's estranged wife, Mary Macfadden (TIME, Feb. 1). Editor Oursler charged she had written three nasty letters about him, one to New Jersey's Governor Hoffman, two to Hoffman's secretary. One of the alleged letters went so far as to suggest that Mr. Oursler might have conspired the Lindbergh baby kidnapping, intending to glorify Bernarr Macfadden by having him pay a big reward for the return of the child and to enrich Oursler by collecting part of the reward.

Because this letter is now acknowledged by Editor Oursler to be a forgery, allegedly by one Miss Kathryn Martin Lambert to whom Oursler paid $100 "as a pure gratuity" shortly before starting suit, Editor Oursler petitioned the New York court last month to permit him to discontinue the action. Last week, over the protest of Mrs. Macfadden that Editor Oursler knew the letter was a forgery when he began suit, discontinuance was granted.

Said Oursler's attorney, Arthur Garfield Hays, famed counsel for the American Civil Liberties Union: "The case is closed. We've done what we started to do--stop Mrs. Macfadden talking against Oursler."

Said Mrs. Macfadden's attorney, Gustave B. Garfield: "We intend swearing out criminal warrants against Mr. Oursler and Miss Lambert. Producing a document in writing purporting to come from another person for the purpose of damaging his or her reputation is a felony under New York penal law."

Mr. Oursler said nothing. Announced his secretary: "Mr. Oursler has gone on a five weeks' vacation to China."

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