The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1890-07-16
REQUESTS TO CHARGE.
BY Messrs. Ecnnet & Cason, Plain.
tifTs Attorney.

/ tiTs Attorney.
| l. Malice is the giSt OF an action tor SLAM
der, and the speaking Of acti0nable words Is
| evidence OF malice.
charge you that the first Of each, Ia good
Law. They vary only in emphasizing the diff
ferent parts of the definition Of .lander.
.. Actionable words consist Of charging
one with having committed an infamous
crime, such as stealing, &c.
SO charge you.
| 3. Actionable words in law are such as en-
| title the plaintiff to damages in suit ior SLAM
der, unless lheyare proved TO be true or are
| privileged.
nection with what said Of privileged COM
| muncations.
4. Withdrawn.
! 5. In action for sander on actionable words
| I'm less Justification Is pleaded and ploref, IT
Is for the jury To estimate the damages, 10
which the plaintiff is entitled.
| I so charge. .Ol course you understand
| that If the words were not maliciously ut
tered the plaintiff could not recover.
/ 6. Repetition by defendant Of slanderous
words may be considered by The jury rs ag.
grnvation In their assessment Of damages and
| also All evidence OF malice.
so charge, emphasizing the word may. You
are to he the judges of the circumstances.
q.
| llevPd the charge to lie true must be support
ed by evidence sufficient to justify such q be-
lief and even II such evidence Is adduced, 1t
Is not defense or bar 10 the action, but may
20 TO mitigate the damages.
I SO charge
8. Character of plaintiff is to be presumed
gord and lie need not prove II to be so II
shown not to be. that may mitigate, but does
not make q complete defense.
1 so charge. 1t cannot make complete
defense. You may find from one cent to
the amount claimed In the complaint, which
is $4,000.
o. Ifthe defendant undertakes in mitiga-
| tion TO prove that plaintiff has bad charac-
ter for honesty by evidence Of facts not con-
nected with the offense Of theft charged in
! The slanderous words alleged In the complaint
and If said defendant fsils to prove such bad
| reputation this may be regarded circum-
stance of aggravatiOn, and OF continued NAL.
Ice by the jury In estimating the damages.
30 charge-or you may not SO consider.
You are to be the judges OF the circumstances.
BY Messrs. Parker & McGowan, De-.
PENDANTS Attorney.
am requested by defendant to charge
you.
1st. That malice ia the essence OF SANDER
and If from the testimony and the circumstan-
ces the jury find malice wanting they must find
|
| ton 107
Finch W.. Finch 81 g. c. y. 345.
State Va >yphesth q y. G. p. 70.
Farvie vs blcNean DudIy 30S.
End. That legal publication by the Defend
ant ID necessary to suStain the charge OF slan-
der. That statements in reference to the mat
ter in issue by Defendant to Plaintiff alone, no
one else being present. is not legal publication
by the Defendant, and if the jury are satisfied
from the evidence that the Plaintiff himself
gave publicity to the charge by repeating the
alleged slauder to his friends or others, then
tue defendant il not guilty of the Publication
aud The jury must find for the defendant.
Sec. Definition Of Slander.
Townsend Oh L & >. sectio., 107 373.
The first part is good law. The accusa-
tlon OF the plaintiff to himself alone is not
publication.
But the latter part is not good law.
To repeat a slander 10 one who has al
ready heard It, Is giving 1t further publicity,
and is a publication. 1t might or might not
DO u mltigat ion.
3rd. That il the jury find that the plaintiff
communicated tho allesed Islander 10 his friends
and they interrogated nefeudant about the mat
ter with view u aIcertaiu the evidence on
which Defendant based his sllspcions or to the
| taking, auswers Of dGfendant to the questions
uf snch parties, did not Constitute y legal pub
iicalion by him, and the charge caunot be sus-
talned
Townsend on L. l. 8. sec. 200. 241. 244.
5W's A. e. D. 756.
l can't charge that. tits publication. Cir
culnstances may or may not show want Of
malice. II they do not rebut malice, they
may be mitigation.
4th. That if the jury finds that Defendant
repeated the words charged as slanderous TO no
one except the parties to whom Information OF
the charge bad come through Plaintiff or his
friends, aud did so under the honest belief that
the Plaintiff had his money and in an honest
effort to recover it, and that such acts were not
the result Of malicious purpose to defamel the
Plaintiff or injure his reputation, they should
find for Defendant
;. 5 W's A. Il y. 748
i charge that, with this additional remark.
The communication must have been made In
q bona flde effort to recover the money.
5tn. That If the jury find tnat the defendant
adlnitted To the PiaIutiH in answer to al inter-
loratuIy by himself. thai lie had made the
statement charged, and did not voluntarily pub
lish II vt rnu time. slch answer is privileged
and will NOT snStsin tue charsa ot publication
eyou III the presence VI third parties.
5 VS. A. Il D.
). Withdrawn.
9Th. That il the jnry find that the Defend
ant was induced to believe. from the conduct Of
the Plaintiff aud the circumstances Of the case
as developed by the testimony, that the Plain..
tiff was gnty OF the takns charged; and that
Defendant did not speak the words malclously,
they must find for Defendant.
II wrscnd OIL +. & S. paye 81 and 63.
i so charge.
nh That if the jury find that the SANDER
ous words were ~ oxen AID published by the
Defendant, As ciarS d. nevertheless, if the
evidence sh ,ws an honest b''ief on the part OF
the Defendant that Plaintiff had taken his
nouey, End that the words used were III an
honest cIurt To recover his money, they may
toke tho same in mitigation aud may give, If
they are proper, mercy ncmiua damages.
Finch vs. Finch supra 3ookholth vs Covert
l6 sec. 440
i so charge.
3!h That if the evidence shows that the
words syu:en were llna tacie privileged, then
lhe lurGirn Of Wuof is shifted urmn the Pialn-
liT, aud he uiIl.t show aciu.l nlahce and Ill
Will before he cat recover.
| Townsend rn l.. x $. 200. 3S3.
5 vs. y 4 d. III, Example good falth-lo.
-756-T55
chs