The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1872-04-13
The Kinnan Case.

A'A'1 s. 5. .klssAs Ia ae kacao.p4 CT.
Isaac D. DUNN. March Term, is72.-
The shove important case which has occu-
pied 90 large . share of public attention for
the iast'tw years. has at last beea disposed Of,
in manner that must b gratifying to the
numerous friends of Mr.. Amman.
Alter the case was taken to Randolph coun-
", AID while the pla intiG was making ar
rangsments n try It. the defendant, Mr.. Dunn,
made affidavit oil, the dangerous illness of his
wife and procured continuance.
At the present term of the Court, presided
over oT Judge Haines, all ths long list of mo.
tions and issues had to be disposed Of, from
time to time, until, when the case was got
ready for trial, in the last week OF the Court.
II Was evident that it could not be tried ii
shis term, consistent with the business Of other
parties having precedence on the docket. Mr..
Amman Informed bis counsel that he had been
50 long haffied in his efforts 10 bring this case
to conclusion, that it was almost eouiya-
lent to destroying him to let Il 70 over, and, i:
possible, II must be tried.
NJ. Dunn, the defendant, had filed plea,
setting forth that he never uttered the words
IN malice, nor with any intention OF isjurinp
the plaintiff, and that he repeated tho report
ne heard in,good faith. to only two individ-
naisy 70 wit J. '. r. Miller and William G.
scott, ~ privileged communication, for the
interest OF the Church, and to save the Church
from any liability to reproach. This plea il
called plea OF privileged communication, and
u true, and proven to be true, would exon.
damages.
On'a motion made BY Mr.. Kinnau's attor-
ney. the Court suppressed ali that class OF
scnrn ious DISPOSITIONS, giving the hearsays
and rumors OF different witnesses, as being in
competent and Illegal evidence, an there was.
therefore, no evidence left ON which plea Of
Justification could be sustained,
The plaintiffs and defendants counsel then
agreed, that. as the Court had decided that
the plea 81 privileged communicstion, il prov.
en-, would be bar to any damaged. and would
leave the only question Of importance yet to
o. disposed OF, which was, "was the plain.
I'M .: Amman, guilty of any or either OF
the acts imputed to him in said sland e. Gus
charges :" the case should be- submitted to
inc Court for decision, on all the pleas fled
Win ahe evidence in the record, and also the
evidence Of Mr.. Dunn, Of Mr.. Kiuuan. on
three questions involving the whole merits
to Wit: : e4gE
lat Did defendant, Dunn, utter the word 8,
or any Of them. charged in the compla MT.
"a. !. ussere l.. were they uttered in good
cation.
Sd. 10 -. =. Kinnan guilty Of either Of tho
acts or ehsrxesimputed to him. :
Dunn swore he did utter tie words in good
iaftn, without malice, to J. ". r. Miller and
W II. Scott and Ar. Marine, and no other
Rcsson, without any intent to injure Mr.,
Kinnan.
NJ. Ainnan, under the most solemn oath.
calling God to witness. said every charge and
ACT imputed TO him was false, aud he r I'D
been the victim of an iplamous romh;u.t ;or
TO ruin him.
Judge Haines decided on the evidence tina,
Dunn uttered the words charged, but thai. they
were under the evidence, privileged com
municatiou.
AIsos that Rev. 4. 8. Kinnsn was who'll,
| him. - y
IL was also decided that each party shou u
PAY n's own costs he had msds 10 the case.