The times., 1893-12-08
XII.

II the substantial allegations and imputa-
ti0ns be proved true, slight inaccuracy In
some OF the details will not prevent the de-
PENDANTS succeeding In the case, providing
the inaccuracy In no way alters the com
plexion OF the affairs. And II the jury find
that they were not materially varient and
would not produce different effect than the
literal truth then the plea of justification
has been made out to the whole article.
XIII.
II the conduct of the plaintiff in approach
ing Senator Wilcox in regard to his sens-
tOrial action was such as to lead Wilcox to
understand he proposed a money considera-
tiOn for him to act with the republicans. or
to influence his official action In any way.
and the defendants published the article In
question, believing the same to be true,
from WilcOx's published statement and
other published statements of Owens
action, then the article is privileged, and
plaintiff cannot recover In this actin.
XIV.
In all cases where persons have a common
interest in the subject matter under discus
sion, or of the communication, and the
person or persons to whom the cOnmunica-
ton is made have corresponding interest,
every such communication honestly made In
order to protect such common interest Is
privileged, by reason of the occasion, and If
the communication Is made or published In
good faith, and without malice, 1t Is a bar
to an action for libel. And In this case, the
facts an charges of which Mr.. Owen com
plains are of common and general public
interest, and of great importance to the
public, and 1t was the duty of the public
newspaper to publish. full and fairly, all
facts known In relation thereto coming from
tE a L~AN NI.e.
defendants did only this, while acting In
good faith, and without express malice,
then your verdict will be no cause of action.
XVI.
The question in this case is what Owen
said to Wilcox and not what Weiss said to
Owen, and if Owen made the representation
TO him and the proposition that Wilcox
claims he did, the fact that Owen had not
been authorized by Weiss to offer money to
Wilcox would not be material in this case.
XVII.
If Mr.. Owens conduct had been such as
to lead an ordinary, careful and prudent
man to draw the same conclusion as was
drawn in the article published. Il ell plaintiff
cannot recover and your verdict should be
for the defendant.
XVIII.
1t Is no evidence of malice that the de-
PENDANT mas given notice IN Justification
that the article was true. This he had a
perfect right to do under Howelrs Statutes,
Sec. 7,776.
If you find from the evidence in the case
that the facts given in defense amount to,
and establish the truth of the charge in
every material point of the article published
in The TINES that would be complete
justiticatiOn-and the proof of the truth Of
the charges would be complete defence to
this action and your verdict should be for
the defence.
But IL you find the truth of the article in
The TINES not fully proved, then you may
still consider all the facts and circumstances
given in evidence. And also all differences
naturally to be drawn from such facts, in
mitigation OF damages. And as there is no
proof made of actual malice. or malice in
fact the only damages the plaintiff could re-
cover would be his actual damages to be
determined by you in your fair and impair
tal consideration and judgment of all the
facts and circumstances existing at the time
of the publication, the good faith OF the
publishers In publishing in their paper to
the people the conditions existing at that
time.