The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-09-03

subjects the person censured to obloquy or 10
ridicule It is for this reason that there is a dis
tinction made. charge of adultery is not slam
der and is not actionable
Judge Woods That is where the accusation
is spoken.
accepting that ruling. The Sentinel in the arti-
Gle reading 1.-THE charges of seduction made
upon Mr.. Cleveland can be turned on Blaine and
made to stick is not libelous. Unless Mr..
Cleveland had been charged with the seduction
of woman of former chastity upon promise of
marriage, it could not be libelous. The term
seduction, imports nothing, as defined by Web
ster, in relation to the sexes. One man
may seduce another In the sentence which
says that James g. Blaine betrayed an limo
cent girl" there is no libelous imputation or col
loquium There is nothing imputed by this be-
trayal; but the court is asked to presume that it
has reference to illicit relations. Surprising, as
the article mentions in the form of an interroga
tory, he was compelled to marry at the point of
a shotgun, there is no libelous imputation in
the words. The fact that he was forced to mar
ry does not subject him to obloquy. 1t indi-
Gates duress and is IA cause for divorce 1t sub
jects the person who used the shotgun to OBJ
loquy. Blaine was more sinned against than
SHINING. There is no blame attached to Blaine,
but to the person who forced him into the mar
rage.
THE sUBJUNoTIvE s'IF"
Amused at the explanation of the possible
meaning of the article, Judge Claypool began
laughing and made some remark to Mr.. Miller
who was sitting beside him. Judge Turpie be-
came somewhat angry and complained of the in
terruption, remarking that he would yield the
floor if it was desired, as it was within a few
minutes of noon. Judge Woods adjourned court
until o'clock in the afternoon, when Judge Tur-
pie resumed his argument, insisting that the al
legged hbelous sentences IN the article were inter
rogatory and Hypothetical.
Judge WoodS-But don't thew show the sense
in which the previous words betraY and seduction
were used2
Judge Turpie-They may. The subiunctive
ifn 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
woman whom he afterward married-is
charged. It is no crime in law. 1t does not
subject man to odium or ridicule 1t is not
libel per Sc.
Judge Woods-Your argument assumes that
he did seduce her.
Judge Turpie--I1l come to that There is no
odium upon the man for having married her; for
having paid debt of honor. 1t was to his
credit The plaintiffs counsel say that it is inn
piled in the article that he married of com
pulsion. If he did, it has no offense. The
charge is in substance that he was guilty of
adultery. Such charge is not per Sc action
able in the case of man. The woman would
have prima facie cause for a libel suit; but the
man would not.
Judge Woods-It strikes me, Judge Turpie,
that you hold to the idea that the alleged libel
Gus charge is adultery 1t is seduction.
Judge Turpie-Suppose, then, it is seduction.
It is no crime.
Judge Woods-In Indiana if the girl is under
twenty one years, it is penitentiary offense.
Judge Turpie-I do not insist that the Ian
guage shall make technical charges but the
words shall imply an imputation equivalent to
technical charge. In the language used there
is simply an allusion or reference to what may
be charged The question is can an imputaton
be held as hbelousq We say not; because no
act is charged. The article is to be considered
in the mildest sense possible.
Judge Woods cannot consent to your asser-
ton that adultery and seduction are synono-
nous.
Judge Turpie-C Certainly; one does not vary
from the other except when prescribed by
statute. Seduction is a common vice. and for
that reason, in the case of a man, is no longer
actionable. 1t may be an error of civilization
but it is an error on which Jurisprudence has
rested for hundreds of years Such charge
might possibly be made libelous if assisted by
the imputation that the plaintiff is the can
didate of his party for high Office, and that
it Injuries his popularity. Something has been
said about the atrocity of the charge 1t is pre-
mature The atrocity is to be considered with
the truth of facts, and the trial has not yet
been even fixed. The truth is slow in coming,
but it will come surely as the days of the future
The conclusion of Judge Turpies remarks
brought the argument to close The Judge
deferred ruling upon the matter until after he
had examined certain authorities His decision
will probably be given to-day.