Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1880-12-09

| writing Or publishing libel where
lhe truth Is pleaded and given in evidence, il
II De round that the same was written or pub
lished properly for public info rmaton, ind
with no malicious and mischievous motives,
the jury may lind for the defendant or de-
| iendants which appears to leave the law
| Just where 1t was before. IT.. therefore.
| You should find that every Que of
! these charges is true, yet il You also
| ma That tile defendant was actuated
I by mlschlevons or malicious motives, YOU
| should lind for the plaintiff. However, much
1t may be true that is no libel upon one 4
character to publish the truth about it, if the
| motive be good one yet it would be II gross
| abuse OF the constitutional privilege of print.
lnB upon any subject to drag before the public
| the private character of u person, for the mali
| clolls purpose of injurng or destroying 1t.
| There Is no worse enemy to the peace and
| quiet oil society than he who publishes defan-
ntury articles against mother And the owner
OF cohtfoller oil printing press has no more
right to print lihelous matter than any one
| else; nor Is he under amy obligation. that the
| law recognizes, to the public (as one of the
! pleas hlleScs,) 10 pflnt and publish common
| report Tor the Information and protection OF
| persons interested i'll amy thing-thouSh hav-
| ing printed 1t III good faith, he is not to be
| subjected to puuItory damages for SO doing.
HAS the defendant, i'll this case before you,
| made good his pleas that Ii, has he proved
! them to your satisfaction and was he free
| from malice i'll publishing what he did OF the
plaintiila II he have indeed, made them
good, or proved them, your verdict should be-
| Tor hltn, unless the plaintiff has satisfied YOU
| by something iii the case (fOr no proof has
been offered by him through witnesses to Is
| tabllsh IT. that the motive of the defendant
| was malicious, - and such motive will be
taken to have been good one, il the charges
! nave been proved true, unless proof to the
contrary be made by his adversary, And
| here. 1t Is proper that | should tell YOU what
malice Is, lii legal contemplation. In com
| mon speech. malice meaIs lll-will, hatred
inalevolence, spite, vindictiveness, OF other OF
| The malignant passions OF the human heart
but when We speak of malice Us Il subject OF
| legal contemplation. We mean the DONG OF
ali at, without just catlse Il wrongful act
pnrpOSely dute. -Hidtari on IortS Sol. The
motive OF the defendant, where there il no
testimony offered with respect TO it, 'ls to be
gathered from the circumstances attending
the publication. III the attending clrcum-
stances prove nothing one way or the other
about the intent, then the intent must be
gathered from the paper itself. and if that is
llbolous If 1t it tends to Willy, defame and
lnJure the plaintiff the Inference OF Law as
well as of common SENSE is, that such was the
lntehtion and the publication is therefore
takento he malicious. '-Ldyton rs. Harris, Sd
HdrfiHytOH lU7. Let MS turn now to the de-
PENDANT proof
OF course, If the defendant has failed to
prove the truth OF his charges against the
plaIntlii, the latter must nave II verdict
against him, Has he proved the language OF
the alleged libel to be true? That is tine
question: and the vital one in this case. Has
M made such proof as satisfies yunr minds
that the plaintln was u fraud, that is u dis
honest, fraudulent concern Let us look to
the evidence offered by him for that purpose
and the opposing testimony offered by the
plalltl1.
| shall not fatigue you by rehearsing all
the testimony in TINS case for ii Is doubtless
well remembered By You. unless indeed from
the great length of time employed III pro-
duclnB 1t (abuut live days and half, your
minds have not been able to retain ii. 1t
would consume quite another day IL were to
Recount 1t all. | shall therefore only call your
particular attention to tile most prominent
features OF 1t, leaving you to connect the resi-
with what | present.
The defendant has shown to you by several
witnesses VINO We're the first officers of the
corporation plaintiff, that il commenced it,
blnlilesS botll as stock company and as Il
mutual company. A stock ompany is author
lHed to receive subscriptions OF stock, and
Issue policies OF INSURANCE upon the credit ui
II. lhc obItct OF the stock subscriptions is tI
provide IL fund for the payment OF the policies
when loss occurs. In tact, II can have no
other MEANS therefor, according . the uSua
condition of such companies. fuose Mitnesaes
one and all, VINO spoke upon the subject uI
the state OF tue stock Company, told vuu that
no SUBSCRIPTIONS OF stock We're ever made that
were paid III other words that the cunpuli,
started III business at Delaware CITY without
any capital ut all How, then. did it become
pusscssed OF anything by which to meet amy
Iusses by tire that might occur The answer
made by the testimony of some of thuse wit
heases Is, that the company accepted mort