Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-05-14
PIPES-M'COY TRIAL.
THE SECOND WEEK OF THB LEGAL con-
TBST BEGUN.
Lille Important Evidence Adducsd During Yesterday
Drs. Pipes and Mccoy Both on
the Stand.

The session of Part Two of the Circuit
Court, Judge Campbell, for the hearing OF
the pending cause of Pipes V. Mccoy, We
resumed at two O'Clock yesterday after
noon. pursuant to adjournment Saturday
afternoon. For some time before the doors
leading to the Court room were opened,
the corridor was filed with people, eager,
to get into the room, and IS soon as oppor-
tunity was afforded, they made rush Tor
the eligible seats down near the railing.
The parties interested being ready to
proceed, Judge Campbell took up the
questions raised by the plaintiff, Friday,
as to the admissibility Of the statements
made by Prof. CragO to DR.. McOoy' ana
also as to the question of privilege Upon
the first point, the Court said the plain
tiff had introduced testimony in support OF
the charge of malice, other than that i'm
nlied by the defamatory words on which he
snes 70 recover in the declaration. be had
introduced these words in order to show
the increased malice over and above what
is implied without that.
The Court said: Assuming that affirm
alive proof may be given to aggravate the
damages and enhance the verdict in cases
where no such proof is necessary to main
tain the verdict, as in this, the defendant
can be permitted TO show in mitigation OF
damages that he was not sctusted by such
malicious action, and any circumstances
of mitigation which dispToves malice, but
does not tend to prove the truth OF the
charge and which is not to be considered
nv the iury in mitigation of damages on
account of the words charged in the decla-
ration, as defamatory, is admissible: "
Proceeding, the Court said: ut looks
fair 10 me that the defendant be allowed
10 introduce such testimony ss would
mitigate or wipe out such damages as the
iary might find by reason OF these new
words spoken"
Uuon the question of privilege, the Court
held with the plaintiff, saying: "a COM
munication made bona tide upon any sub
iect matter in which the party cOmmuni-
eating has an interest, or in reference to
which he has duty, isprivileged, II made
TO a person having a corresponding interest
or duty, although it contains eliminating
matter which, without this privilege,
would be slanderous and actionsble::
DUTY in this sense, includes moral and
social duties of imperfect obligation, but
the person to whom it is made must have
a corresponding interest or duty"
DIR. Pipes was then recalled by the de-
tense.
DR. PIPES RECALLED,
O. Thy Mr.. Caldwelll-You have stated
your income fell off 81, 900 or $500 a
wear. but had no exact figures. What
was the amount Of your income after 1t
fell offp Al don't know any more about
that than the other. | can only give an
approximate sum in gross; l have no &C
count Of net cash receipts.
Cant you approximate 1t? A.-No,
I can't tell; the cash receipts have not
fallen of so greatly, because l have made
a special effort to collect up to close up
the estate of Pipes & Reed. l had to
bring suit in some cases. It's pretty hard
10 estimate; l might fall $500 or 81, 900
below the right sum.
O.-You then can't tell, approximately,
how much your receipts fell of the last
two yearsP A.-Well, can't tell; it came
along so irTegularly.
O.-Whst cash have you received in the
last two years from your own business,
not Pipes & Reeds, from October, 1887?
Al don't know whether have taken
in twelve or fifteen hundred dollars year
at that rate-or not Looking at book
Well, can only make guess, at the rate
of twelve or fifteen hundred dollars year
in cash.
continued Oh Third Page.