The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-11-11
A VERDICT FOR LIBEL
MRS. JO4NsON's $4,000 JUDGMENT
AGAINST CINCINNATI ENQUIRER.
Judge Baker, Instructions to Jury
Covering Point of a Lfbel-in
Other Courts.

Anna NJ. Johnson was awarded Judgment
for 1900 against the Cincinnati Enquirer
in the United States District Court yester-
day. The plaintiff sued for $4,000, alleging
defamation Of character by a sensational
publication. The case went to the jury at
/ o'clock in the afternoon, the argument
taking up the forenoon. The attorneys for
the newspaper did not attempt TO justify
the publication but put up the defense
that there was no malice in the article.
The jury was out until 5 o'clock yesterday
evening. The defendants attorneys, after
the reading Of the verdict, declared their
intention of entering a motion for a new
trial. In summing up the case to the jury
Judge Baker delivered his instructions sub
stantially as follows:
ANY written or printed article which IN
any way tends to bring ridicule, contemps
or censure, or the natural tendency OF
which is to bring disgrace or loss of social
standing or to injuriously AFFECT the repu-
~tation, is libelous and actionable unless
true or privileged. Malice is an important
feature in all actions for libel or SANDER.
Malice, in its common or popular accept
ance, means ILL will toward some person.
but in its legal sense liz is defines TO De
a wrongful act done Intentionally without
legal justification or excuse. In such an
sSflSn as a the present IS ta S See in malree n fro nav the ls
publication Of the Iibelous matter, II you
believe it to be libelous. unless the publ
cation is privileged. II the publication In
is to bring upon the plaintiff disgrace or
loss of social standing, or to injuriousiy
affect her reputation, she need not Dri1g
witnesses to prove what were the motives
or designs of the defendant In causing the
publication TO be m~ade-proof OF such pub
ence of malice unless the defendant has.
by the weight or preponderence of the evil
dence. shown that the publication Is true
- ufl m fha lax OF
Ioef implies some liberty Of discussion and
publication, and protection therein, though
the the d nsSGica9lon pr %saer to Se f miseakeR w aen
privilege exists individuals whose charac-
ter or conduct Is falsely impunged must SUI
actual malice. But in this case the actual
malice need not be proved, but malice. IN
the legal sense, is to be inferred from the
plaintiff. If the plaintiff has proved the
material allegations of her complaint by
the weight or preponderance OF evidence,
| her favor and assess such damage as you
may think proper. In determining the
mount Of damages you may take into con
social standing, the injudy,. II any, to hei
feelings, her wounded sensibilities and hei
sense of shame and dishonor.
just and proper You may. take into con.
sideration any circumstances in the
eEiden Ssr which ws ssndS not to act s y th p1
actual malice or that it acted in good
faith in the honest belief that 1t was pub
fishing the truth in making the publication
as matters in mitigation of the damages
You should, however. remember that the
| reputation of a woman for chastity and
especially the reputation Of a mother, rs q
thing Of inestimable value and any injury
done to such reputation by the publication
OF false and lebelous charges ought to be
| compensated for 10y the assessment Of
damages, which should be a full and ade.
uuate satisfaction for all the wrong and
| injury inflicted upon her. You are the ex'
elusive judges of the facts and Of the
weight of the evidence, but are bound IL
accept the law as given to you by the
/ court"