New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-06-11
REPUTATION AT ITS TRUE VALUE.
IIrpf;E, MADAM UPHoLDs THE POSITION TAKLl

IrrDCF MADAM UPHOLDS THE POSITION IAhHN
by THE TRBUNE'S COUNSEL
o,o ~ the most interesting OF recent decisions on the
,peston Of libel was given by Judge Mc-Aoam YESTERDAY
a. Chambers Of the superior CDur' h ule C'No Vi "
~o,t Witchcr against The Tribune Association
~ ,ssoc,ted Press dispatch upon which the action
yas basel was published by The Tribune and gener'Y
,v The chief newspapers Of the country several years
aoo II was then stated that Wltcher' VINO mao Dcen
,Derria leader during the wir had been Fhched ior
numbering his wife, Tho Charges OF ynching ana VIE
lsr wer, untrue and the defendant did not attempt
IN ustlfy them in the answer, but did plead In mltlsa
ton various alleged acts of murierCuS aroctS upon
belness and Innocent persons by the plaintiff or the
guerrilla soldiers under his command
Recently when Wicler who lives in Virginia, visited
this city the defendant obtained an order for phti
examination before trial CHEZ Judge sedewick denied
= motion made 10 dismiss the order and the eAaniEa
ton was began before Judge McAdam on Tuesday by
Henry " sackctt, counsel for The Tribune. Howard
r. Davue counsel for the plaintiff objected to all
questions put TO Wltcher relating 10 the matt eS pleaded
in mitigation on the gTouid that they were not In wn
10 the doh.ndalt at Inc time OF the publication MI
,,ckett argued when the matter was submitted to the
coo,rt fiat the rulings by the Court OF Appeals upon
this polut ctcd by Mr.. Bayne had reference only to
evidence offered to dspr0vc malice and that the evil
Aonce IN this case was not offered for that purpose. but
10 show the real character Of the plaintiff and the real
value of his reputation and the effect upon 1t by such
| q publication.
Judge McAdam reserved his decision until yesterday
manning when he handed down the following opinion
| sustaining the position taken by defendant;
| 4 person bringing a sla.dcr or libel suit In efecs
mt, his character on tFitl Character Is what the
| man is Reputation is what people say he Is IN
determining whether character has been Injured inc
Jury is entitled to know who iae comp Is Mhee
he belong. and how much what Kind OF clai yer
| he has capable OF Injury. that they MAY hleIh'
gently hx Us pccuuacy value and the eAtcnt OF tic
| injury This IS good common sense a. well az law.
Nhen a person wants injury repaired II Is always
coupeteut To ascertain the reasonable valnc JuIcS
always consider tbs and il Is useless for courts to shut
| their eyes 10 H. The plaintiffs Proposition IS thai tie
dotcudapt cannot show certain truths because 1t dd
! LOT know them az the time II published the article
complained o. The want Of this knowledge may be
una3ailing to relieve from the charge Of malice (ol
| y. T. .4G: 1913 " Y, 2O7 but the defendant IS en-
litleA to Photograph Of the truth which Is available
either In justification mitigation 20 far as the ques
lion Of damage Is cOnccnc6-nO further.
| ! have Indicated the stcnogI5ipher's notes thS
rulings the questions put, ana the examination Is
ordered 10 proceed on the lines Indicted The courts
must dcal with matters growing out OF the late war, a.
they deal with other matters. WITH an eye 70 truth
without preiudlcc and In spirit OF fatcrual justice
ut let H. have the truth and the whole truth, rs II
other controversies, aid Justice viii indicate the right