The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-24

law of the land No action lies against him for 80 DOR
think the law goes further than this. That evsn
party who has improperly recommended eaerS, when
any one who may thereby have been naaced 10 employ
him 10 communicate the truth and that q Subsequent
msde In good faith and at the time be-
leved to be true IN such case Is privileged; that
the burhen of proof would stl be on the plaintiff TO
show malice or want Of good faith But in such a
much sghter evidence would be required to justify
jury in finding malice or Improper motives, or when
staten ent is made in to inquiries, when no
previous reeonmen dauon known at tne time 70 DC am
statement mace in its nature privileged and it
is necessary for the plaintiff to satisfy you. in order to
recover that the defendant made the statement mali
cousy from improper motives this remark replies TO
the whole statement communication made TO Cole.
To return the words spoken: Were they designed and
calculated 10 be understood meaning that he had be-
VIGOROUSLY actual the performance OF his
duties clerk that Bowen McNamee could place little
confidence in him that he had become such an
actual liar in his business that they could place little or
no confidence in him; or that he had acquired such
Of % IN NC
him? Whatever you shall find the words calculated
and designed to conveywere they true or falseY trne
the truth is defence Did the defendant believe the
charge to be true in the in which shall find II
made If did he make the statement in good fafth
and the honest discharge Of what he believed TO be his
dutyY If he did he is liable. If he did not make it in
good fath he made it from improper motives or to gra-
y personal macehe liable unless it proved to be
true determining whether he acted from good motives
bad in the conscientious discharge Of duty or ron
malice You will take into consideration the whole evil
in finding that Bowen knew at the time Of the statement
Cole that Fowles had written letters TO merchants in
determining the question Of good faith or malice you
may slider the letter written the defendants know
ledge of it, the extent Of his approval or disapprova
Of it the nature of the lies alleged to have been told,
far proved the reputation which yon shall find he
had in their establishment when it become generally
known there the length OF time that he subsequent
ly retained and the cir cum under which he
retained the circumstances attending their alleged dis
charge Of him. the of his salary to the first of
lam Tho ayt1 in
known that Cole had been to the establishment OF Corr
Bear May and all the other facts and circumstances
speaking Of the words If you find the defendant knew
that the charge made untrue in any material points,
that it in fact untrue and that he acted from i'm
proper motives then the occasion furnishes him pro
lection for making the charge nor defence to the &C
ton II on the other hand You find ne acted in good
of what he believed to be duty and did not know what
be said to be false he is not liable In what sense was
the other parts of the words spoken designed and calcu
lated to be undersood As imputng the charge OF EN-
be2zlng stealing their goods imputing merely
suspicion that be had done suspicion only that
he had obtained them otherwise but dishonesty. If used
and calculated to be understood i'll the former sense they
are actionable without proof OF special damage in
the latter sense they are not actionabe unless the
special damage alleged is proved. If used and cal
cuated to be understood in either sense or in what
calculated to be understood you will then consider whe
Their there is particle Of proof of any dishonesty or
the statement made in GOOD faith in the conscientious
discharge of duty and believing the imputation to be
trueY II it vas the occasion on which he spoke them
protects him. If it not then it does not protect
him. and he is liable for speaking them II you nd that
they designed and calculated to impute the crime of
stealing or embezzling the goods Of Bowen McNamee,
it, in such case, find that they imputed suspi
cop of dishonesty clerk otherwise, and that such
the defendant is Lis BILE So il you find that he dis
charged by George H. Wood in consequence of the
municaton to Cole, viewed as entire statement then
to be true according to the meaning shall determine
it calculated to convey, unless you find it was
made In good faith and in the honest performance of
what the defendant at the time believed to be duty As
view the case, it is reduced to very few and plain
questions of fact =
Frst-Was this statement, and every mater al part OF
it. made in good faith TO Cole and to perform honestly
what the defendant regarded at the time as duty he
ed to Cole? If it was made in good faith and from
proper motives the defendant ented to your verdict
Second.-f you find IL not made in good faith and
was untrue that it known to be untrue in Of its
material parts made from improper motives,
to crafty personal malice then the plaintiff, is entitled
to recover if in consequence Of it he discharged
from employ ment by Geo &c NJ Wood, you shall find
that it designed and calculated to convey meaning
which would be aconable Of itself according to the rules
for the Plaintiff the next and last question is that of the
damages to be awarded The damages in such case,
to be determined by jury in the exercise OF sound dis
creon, upon deliberate and impartial! survey of the
whole evidence If entitled to verdict he is entitled at
all events, to his fuh actual damages. If the
charge shall be found to impute crime mi conduct
clerk rendering him unworthy Of employment clerk,
will give such yon think just and proper for
that cause If you also 6nd that he was deprived
Ioyment in consequence Of the speaking Of the words
bs il entitled in the Ia It supposed TO in ad
dsou the cS which he has sustained by being
throw out OF employ nen Even where words actons
in themselves are spoken any special damages may BE
alleged and proved recovered in addition to such ge
neral damages be awarded for the speaking
Of the words. If you find in favor of the plaintiff and
that the words spoken from improper motives or to
crafty personal malie you not restricted to such
verdict will compensate the plaintiff for Ills actual
loss You may give exemplary damages or it is
Tie reputation Of man is frequently his only capital
it is certainly his My passport 10 intercourse among
puta men, to continued employment by those who
conduct business upon the principles OF good faith and
honor When his reputation is falsely assailed in such
point, If done msciousy and from improper motives if
his character i good he has right to expect from
jury verdict that will not only compensate MIN for his
Losses, but which viii vinnicate his reputation On the
oher hand defendant who has acted in good faith in
giving the character Of clerk Who gives it confidential
" in the honest discharge Of duty recognized oy sore
~ is 10 be protected and is entitled to the verdict Of
jury You viii carefully consider the evidence uno the
rules which have stated to be applicable to the case
and give such verd CT in your judgment shall b. just
TO those partiesupon full and fair consideration of all
the facts and circumstances affecting the merits Of the
transaction.
The jury after havug retired and elaborated returned
into Court and rendered verdict in favor Of the plaintiff
for So eco. The jury being Iolled each juror as his
name called, answered that this vas his verdict.
Swearing In of the Vice President.