The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1884-10-04

been answered by the inquiry of the court In
asking If the complaint did not charge that
the libel was of and concerning the plaintiff
In a publication where the words are per st
libelous 1t is not necessary TO allow any special
damages The only question for the court to
decide upon is whether the words are libelous.
"There Is one question:" Judge Caypool
said, (which l want the opposing counsel to
answer. VIII they say that If charge was
published charging Them with seduction II
would not be libelouss II 1t is possible for
the pen Of man TO write libel of another this
is that libel in terms as low and vulgar as can
be conceived He read the libelous article,
| calling attention to the sentence which speaks
of the charges of adultery made against
| Cleveland, and asks II James G. Blaine can
| afford it, which he said needed no innuendo or
| coloquium 20 show who was referred TO- He
showed further that the name Of the plaintiff
| was specifically mentioned in connection with
| the charge of seduction. 81 don't believe
he said, ''khat the morals Of our country are
down to such q low depth that any newspaper
can charge an honorable man with seduction
and not be guilty of libel" The charges
made and the fisel were of nature TO subject
the plaintiff to hatred. Paraphrasing the Ian
guage used in the Sentinel article. Ill you,
Judge Turpie were the scoundrel TO betray an
innocent girl" he asked If such language
would be Interpreted by the languages as libel
GUS IF, after despoiling her." he continued,
''you were the craven to refuse her legal re
dress until, cowari4ike, loaded shotgnn
stimulated your conscience" 'do2lt YOU
think that II such language were applied ct
yourself you. would consider it libeloTs, and
calculated to expose. YOU to hatred, contempt
ridicule or obloquy. The law covers every
possible point in the complaint. The 7Iorals
of 5hc United States are not down to the low
ebh'that newspaper here, from malice, can
charge man with seductpn withous his
having any redress besiseS using loaded shot
gun on the libeler.
STILL DoDGINa THE QaEsrIoN.
The closing argument was made by Jodge
Turple,. in support of the demurrer. He
claimed chat there was no Allegation in the
article identifying the plaintifE-nOihing show
ing tlat the Blaine wh9' was referred to is
James.6S Blaine. of Maiiso.. 1t is not an I'M
possible thing that there may De some other
JamesS Blaine. The complaint is good UNI
der the CODE but not under common law.
Judge Woods. Code ETactics- prevails here
by an act Of congress. That question is dis
posed III.
Judge Turpie My next objection is, there
is no special allegation of loss ouinjury In the
complaint and we think there should be.
That is lBeL and only libel, which the courts
have hed to be such.
Judge Woods 1t strikes me that the defini.
ton is a 7ery safe one.
Mr.. Miller. guess we will aglee upon that
definition.
Judge Tisrpie, continuing his argument.
Abusive language S neither slanderUus nor
ibeous: unless it co ntails charge subiecting
he person, spoken o to contempt or obloquy.
In any language this may be used there is no
possible criticism th at under any other deini-
LIony could. not be Ii belous. Musical criticism
he most vituperatiI e w1itten, is libeous. The
Z 5n,b,0gS Rssier nd the North american are
iull of lihes. The re cen be no eensure of an
)ther's action E. lery criticism subjects the |
person censured to ob0quy or to- Fidcule. 1t
5 for this reason that there is a distinction
n1atie. Az charge of adultery is not a SANDER |
and is notactiSns Bile.
Judge Woods. That. is where the accuse |
tionis spoken.
Judge Turpie. Yes. We haveno hesitation
n accepting that ruling. The Sentinel in the
lrticie raading "The7 charges OF seduction
made upon Mr. Cleveland can be turned on
Blaine and ma6le to Stick .is not libelous
Unless Mr.. Clev elanG had been charged with
he seduction of woman of former chastity
upon promise OF marriage, it could not be libel
BUS. The term seduction imports nothing, as |
lefhed ny Web ster, in relation to the sexes.
One man may seduef another In the sentence /
which says that flames q. Blaine betayed an
innocent girl" there is no libelOus imputation Il
)r oueauium Taare is nothing imputed by i
his betrayal; but the court is asked to pre-
sumo that it has rs6erencc to- Illicit relations.
tina article mentions in the
form of an interrogatory, he was compelled to
marry at the poinh Of a shotgun, there is no.
|
that he was forced to marry does not subject
him TO obloqus;. 1t indicates duress and a
,ause for divorce. 1t subjects the person who
used the shotgun toobloquE Blaine was more
sinned against than shining. There is no
blame attached to Blaine, but TO the person
who forced him into the marriage.
THE SUBJUNCIuvE s'IF."
Amused at the explanation of the possible
meaning of she article, Judge Claypool began
laughing, and made some remark to Mr. Mil
Ill 1;
became somewhat angry and complained of
the interruptions, remarlling that he would
yield the floor if it was desired, it was within
a few minutes of noon. Judge Woods ad-
journed court until o'clock in the afternoon,
when Judge Turpie resumed his argument, in
sisting that the alleged libelous sentences in
the article were interrogatory and hypotheti-
cal. ~
Judge Woods. But don't they show the
sense in which the previous words betray and
were used'
Judge Turpie. They may. The subjunctive
opp is explanatory of the way in which The
words are used Nothing is Imputed, but sup
pose some act--that he had Illicit relations with
a woman whom he afterward married-is
charged. It is no crime in law 1t does not
subject a man to odium or ridicule 1t is not
libel per Sc.
Judge Woods Your argument assumes that
he did seduce her.
Judge Turpie I'll come to that There is
no odium upon the man for having married
her; for having paid debt of honor. II was
to his credit The PLAINTIFFS counsel say that
II is implied In the article that he married of
rompulsion. If he did, II has no oflcnse The
charge is in substance that he was guilty of
Such charge is not per Sc action
able in the case OF n man. The woman would
have prima facie cause for a libel suit; but the
man would not.
Judge Woods. 1t strikes me, Judge Turpie,
hat You hold TO the idea that the alleged Ii
belous charge is adultery. II is seduction.
Judge Turpie Suppose, then, 1t is seduc- '
lion. II Is no crime.
10. 49,. is IN