, 1873-06-17

Decision in II Libc1 Suit---.rhc James,
vil1o 6 Gazctto ,, TIla1cted in tho sum
Of Sl.100.
Special Dispatch to Tho Chicago Tribune.
MADISON, Wis, Juno 16.-The libel suit Of
Whitney vs. tho Janosvlle Gazette Printing
Company ended to-day by q verdict OF 41,1 100
for plaintiff, jewollcr, Of New York, who
claimed $1,000 Judge Davis, in his charge to
tho jury, summed up the article causing tho &C.
tion as follows: It sets out with q serious af-
fray, thop1aintiff and ono Tompklns wero
concerned, which was not to tho credit Of the
p1aintiff, In the opinion OF the writer. aud which
produced great e1ctomone In tho
community OF GAINESVILLE. Tho writer
then aays TINT this man Whitney, the
plaintir in the action, has figured rathor con-
spfcuoualy for some timo past to tho disadvan-
tago OF tho business interoHta Of Gainesville, and
then proceeds to give account OF Whitnoy'a
dealings with 8. .. spauldipg, h1r. Derell, ".
L: GookinB, aud Ion,pkins, upon whom tho AZ
FAULT WIS made, aud after stating that Tomp-
ns dool nt wa toa7 Ta e
tho gooda until 1omo sort OF q settlement waa
effected gays this waa tho occasion Of tho assault
which produced groat e1citomant for timo, as
tho sympathies Of the public aro with tho
tlcle windA up as follows; AIR. Whitney in q
resident Of New York City, aud has his quarters
in broadway. We understand TINT his wGys
arc not as light as are those of good and honest
man."
Tho account given by the writer Of tho occa-
sion and circuinstancoo attending this assault
and battery ara not complained of, md the eyi
donco rclating thereto offered by tho defendant
was excluded by tho Court as not pertinent to
tho Issue: This account is an item Of local
plaiued Of. Tie Judge ignored the haste
and excitement In which the article wns wtitton
and printed, and tho statement on which Its
charge was maintained was taaed, and excluded
mont Mr. Whitney chose to make in regard to
tho matter, and to rotract any unwarrnnted
ohasgo. Ho Hays publication without iustinca-
tion Of another by exposing him to hatred or
contempt is libel. Tho cfroct Of words usod,
whether they, aro criminal OF not, Il they import
or they may bo fairly understood by those who
read them a. directly calculated to degrade the
man In tho outimation Of bis aoQuaint-
anoes, and to inju1o his business charac-
tor, they are in themselves actlonablc.
special damage has resulted from their puhlica-
ton. To say Of person that he is professional
ewindlor, is actionablo, because every ono would
understand that tho accusation was TINT ho
sltion or artifco. Tho Judge hold that tho
charge of general Bwindling and dishonest prac-
ticos by plaintiff has not been sustained, nethor
has any dishonest dealings been shown with
any one, unless, with dookins, In
regard to which tho evidence was con
tlioting. Plaintiff is presumed to DO Of good
character until tho contrary ia shown, and
tho burden of proof is on tho defendant
Thoro was conflicting ovidonco aa to his general
reputation.
It IL understood, doBpite the charge Of the
Judge. that two Of tho Jury woro against award.
ing any damages, believing tho plaintiff had nc
reputation to lose, while others wero for allow
Ing the whole sun claimed aB m example. The
sum awarded YVES q compromise. Some Of the
| 1no1nbora Of tho jury who had boon candidates
for Office, and then suffered by the wordH Of the
preBs, took this occasion to wroak reyongc, say'
| Ing it would teach o lesson to tho paper hore
which had libeed thom when candidates by aa-
sorting that their opponents had superior quail"
| 1catione. -,
This oaso and tho rulings In regard TO it, will
probably rocoiyo Bome attention from the Wis.
consin Editorial Convention meotinS at Lacrosse
tomorrow.