Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-05-15

az to malice. He would hold that as to the
exact question rs 20 what his motive was
as to particular words, he would admit II,
but that was not the question asked the
witness. The question was as to what his
belief was on the truth OF the things
committed. He would sustain the ohJec-
ton.
Q.-when WAS yonr next interview with
Prot. Crsgo? A.-Perhsps three weeks
after The first interview. 1t WAS at Prof.
Crago's house, after the return OF the
women from Cleveland.
Q.-Whst information had you as to
improper relations between DR.. Pipes and
Miss Greenlee or between DIR. Pipes and
Miss Stephens, between the first
and second interviews with Prof. Crsgof
O.-What information? Ayes. Oh.
lection; overruled A-The night after
nv wife returned from the Cleveland trip
she told me objection by Russell Mr.
Caldwell didn't see what it msttered who
the information came from, so 1t was
credible person. Mr.. Russell said he
must confess he didn't quite Understand
the Courts ruling as to the question OF
ideas of what the Court had said, saying he
did not understand that the witness belief
was not an issue The Court said 1t would
undertake 10 make itself plain, and pro-
ceeded TO restate the ruling. Testimony
had been offered showing additional de-
fsmatory words beyond those in the declar-
alton, ana Dr.. McCoy's testimony was al
lowed in rebuttal of the additional words
spoken. Should the jury find increased
damages through the outside detematory
words, the belief of DR.. Mccoy as to Prof
Crsgo's statements, would tend to offset
that additional damage and might be
offered in rebuttsl with that object.
After some discussion Mr.. Geo. B Cald-
well thought sight had been lost OF the fact
that malice wss involved in the case. IL
had been overlooked in the general broad
discu :sion. That Issue was plainly involved
under the iustifcitio plea, and the de-
fepdepdaut could clearly show his belief.
II was contended that the allegations were
uttered with good intent snd for jnstifia-
HE end5. The question of belief Was clear
" pertinent. and would admit anything.
The declaration said "Pipes WAS bad
man." and alleged the statement was false
and slanderous. In justification the de-
Tense entered plea that when the said de-
PENDANT spoke and uttered the words, the
said words were true and fact, and that
before the words were spoken DR.. Pipes
was bad man, and Mrs. Pipes had caught
DR.. Pipes in bed with Miss Greenlee.
The Court said if the words be taken
unon the broad declaration of "a bad man, I"
to prove him liar or thief would prove
it. But the language was intended to be con-
fined to licentious or sdulterous conduct
The language of the plea proved too much
Mr.. Caldwell combatted the idea OF linn
itipg the matter. He insisted the asser-
ton of badness was broad, and asserted
Mr.. Russelrs contention for the general
issue, and the lack of malice under it,
would shut out all information from DIR.
Mccoy The special plea took different
stand. Mr.. Caldwell argued at some
length from this standpoint, quoting vari'
Gus authorities in support of his position.
His Honor said be was inclined to think
the special plea under discussion was
bad plea. inasmuch it did not follow the
language of the declaration.
Capt. Dovener read the declaration,
which said: pipes was bad man, mean
ing thu said plaintiffs wife caught plain
tiff in bed with Miss Greenlee-" The
plea read, that pipes was bad man, and
that Mrs. Pipes had caught him in he'd with
Miss Greenlee." The Captain said Mr..
Caldwell was inclined to select his ground
in order to have easier travelling, and in
doing this he lost sight Of the Issue.
The Conrt finally reststed his ruling,
and overruled the objection, and the ex-
animation was then proceeded with.
Q.-What did your wife tell you? A
She told me very much the same story
that Mrs. Pipes told on the stand In
terruption by Capt. Dovener, and Ohjec-
ton; the Court thought it was very com
prehensive declaration, as Mrs. Pipes was
on the stand two and one.balf days. The
question was ruled out, and the witness
proceeded.
O.-State the substance of what she told
you.
Mr.. Russell-We object.
Mr.. CALDWELL supposed you would.
Objection Overrnled
O Go on and state what she told you.
Ono of the fret things she told me
when she came home was one of the scenes
between DR.. Pipes and Miss Stephens.
TObiection, and question allowed
O.-Go on and tell what the scene was
TObjection by Russell; Mr.. Caldwell
charged the object of the plaintiff WAS to
hamper the witness and prevent his testi-
flying
Mr.. Russell-Thst is gratuitous.
Mr.. Caldwell-It's true.
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