The Florida agriculturist., 1889-10-02

impeaching his credibillty by showing
his moral character. Letters of the wit
ness, written to other women, were
introduced which contained the most
fulsome protestations of love and affec.
tion and many poetical quotations and
original couplets.
The prosecutrix was called by the
State in rebuttal; she denied in toto the
statements of her former husband, and
swore that the act charged had never
been committed. Sew, ral,other witnesses
were called, who testified to facts con-
trary to those stated by the witnesses
for the defense, and in support of the
testimony OF the prosecutrix. Witnesses
were also introduced by the State to
prove that the general reputation for
truth and veracity of the chief witness
for the defense he divorced husband
was bad. With this the State closed.
The argument of the counsel com
menced Friday morning. Judge Beggs
opened the case for the State, and was
followed by Judge Price and Benz. M.
Miller for the defense. Mr.. Miller's
plea was a model one and he worked
hard for his client; he appealed to the
jury to sustain the liberty of the press
and of free speech, etc.
Alex st. Clail Abrams closed the
argument. His speech was a most pow
erful one, the like of which the little
courthouse with its hoary traditions Of
eminent divines, learned pedagogues
and verbose politicians, while it was
used in the various capacities of church,
school-house and public hall, had never
heard or dreamed Of
Saturday morning the Judge charged
the jury as to the law We publish be-
low the charge given by the court of its
own motion:
JUDGE BROOME's CHARGE
The Declaration of Rights forbids the pas
sage of any law to restrain abridge the liberty
of speech or of the press, but holds everyone re-
sponsible for the abuse of the liberty 1t is also
declared that in all actions for libel, civil Grim
inal the truth may be given in evidence and if it
shall appear that the matter charged to be libel
GUS is true and was published for good motives,
the defendant must be acquitted.
Libel is the wiful and malicious publication in
a visible form of some matter tending to injure
the reputation of another
The law of libel in this State is That topublish
of and concerning person any language which
tends to bring him her into ill-repute or to de-
stroy the confidence of Others in their integrity,
is beIous per Sc, and raises the presumption of
malice, which must be rebutted by the defendant.
Malice is an essential ingredient, but it is not
necessary to constitute that the party be actuat-
ed by hatred i'll will, but such may be inferred
from the untruthfulness of the libelous matter,
want of good motives and other circumstances,
and from the libelous matter itself
Privileged communications are not libelous.
faithful and fair report of judicial proceedings
in public court is privileged if published with
view to inform the public and innocent of any in
tent to do injury: But if the account be false or
the proceeding commented with scandalous
remarks and insinuations, the defamatory mat
ter ceases to be protected by privilege and is Ii
belous.
Privileged communications are such as rebuff the
prima-fa8cie inference of malice. The privilege
ceases to be protection if malice appears
If, therefore, you believe from the evidence that
the defendant published the article alleged in the
the Indictment in the county of Volusia, within
two years prior to the finding of the Indictment
and that said article was libelous as to Della v.
Smith, according to the definitions which have
given you YOU viii find the defendant s'guilty as