1897-10-14-SUN-Maryland A Suit Without Parallel Memphis (Tenn.) Lawyers have within the last couple of days brought suit in Weakley county for damages for defamation of character, alleged to be contained in an epitaph cut on a tombstone. Such a cause for action is probably unheard of in the annals of the courts of the country. In December, 1896, L. B. Cate was shot and killed by one Bill Penic. Penic was indicted and tried on the charge of murder. He was defended by the same lawyers who are now acting for him in this civil suit. The accused was acquitted on the pleas of self- defense. The parents of the deceased, L. B. Cate, thought to honor his memory by erecting a suitable tombstone over his grave, and having cut in the marble a legend setting forth some of the circumstances of his taking off. The following was cut on the tombstone: "L. B., son of J. C. and L. J. Cate. Born April 10, 1870. Married Willie Freeman December 21, 1887. Was shot and killed by Bill Penic December 11, 1896: caused by Penic swearing to a lie on Cate's wife. Aged 26 years 8 months and 1 day." It is alleged by Penic that this stone was lettered by J. H. Hutchinson, of Martin, and it is alleged that the stone was exposed to public gaze in the yard of Hutchinson for quite a while before it was erected at the head of the grave containing the remains of the deceased Cate. Since the vindication of Penic by the trial jury in Weakley county he has sought reparation for the wording of this tombstone. The complainant seeks damages from the sculptor and the father of the deceased in the sum of $10,000.