The record-union., 1894-02-07
LIBELOUS ARTICLES DENOUNCED.
Grove L. Johnson's Closing Argument
for the Plaintiff
In the Gilman-"Bee'' Case-Scathing
Criticism of Libelous Publications,
Mrs. Truitt and Pat Barry.

Grove l., Johnson made the concluding
argument for the plaintiff yesterday IN
the Gilman-Bee libel case, which was
listened to by large audience. lie SAID
that in closing the argument for the
plaintiff he felt the responsibility resting
upon him The case was an important
one to all concerned, especially as it would
be settled by a decree of the court-and
not by jury that might be swayed py
prejudice-as to whether or not llDelouS
newspaper can flourish in our midst. II
the McClatchys can libel Gilman with
impunity, they can libel anyone in the
community under pretense OF publishing
the news. 1t is no exaggeratlon to say
that everything the plaintiff has is at
stake in this trial-his business, his home
and his family. If he is guilty ol the
charge made against him, he should be
put upon trial therefor and prosecuted.
If innocent he should be vindicated. Hls
relations to his family, his friends, MS
sons, his daughters and his wife are at
stake. Gilman in this case, Whatever
may be his faults, represents the decency
of Sacramento in this trial-the protest OF
the people against sensational neWspa-
pers. personal journalism; the revolt OF
newspapers, which has become more IN
supportable in this city and State than
was the reign of the thirty tyrants tnat
disgraced the history OF Athens
All honor to him for his Willingness to
wage war against a newspaper that had
dared to libel him. he would leave to
the attorneys on the other side the Il be-
lieve' part of the controversy, as be-
lief cuts no figure in the case. lie
would leave to them also the matter OF
personal abuse in the case, as attorneys
beliefs and vulgar expressions should
have no weight. He would rely upon
the Justice of his cause for decree IN
favor of his client.
THE LAW OF LIBEL.
Counsel explained at length the law OF
libel, covering all phases OF malicious
publications, as follows:
1.-The law is that the character of the
plaintiff in this action is presumed to be
good.
1.-The law is that in an action of libel,
when the article complained of is libel
Gus on its face, that OF itself is sufficient
proof of malice to uphold exemplary
damages.
1.-The law is that in considering the
amount OF damages TO be awarded to the
plaintiff in this case the court is to con-
slider the plaintiffs injured feelings and
tarnished reputation, and the pain and
mental distress which would naturally
result from a malicious libel, taking into
consideration the nature Of the imputa-
ton, the extent of its publicity, and the
character, condition and influence of the
parties.
The law is that in estimating the dam
ages to be awarded the plaintiff in this
action the court has a right to consider
the amount of cost and expense the plain
tilt has been put to in maintaining the
action to vindicate his character.
1.-The law is that actions for such
wrongs as libel are designed not only 10
furnish some indemnity so far as money
can do it for the injury inflicted, but to
vindicate the character of the person un-
Justly aSsailed, and to protect against
repetition of the outrage.
1.-THE law is that the pain and mental
distress which would naturally result
from malicious libel are among the ele-
ments of damage for which the plaintiff
may claim compensation.
1.-The article complained OF by the plain
tiff is libelous per sc.
1.-THE law is that every person has, sub
ject to the qualifications and restrictions
provided by law, the right of protection
from personal insult and from defama-
ton.
1.-The law is that the head notes or title
of an article may of themselves be libel
Gus, although the article itself might not
be libelous article.
The law is that in any action for the
breach of an obligation not arising from
contract, where the defendant has been
guilty of oppression, fraud, or malice,
actual or presumed, the jury or court, in
addition to actual damages, may give
damages for the sake of example, or by
way OF Furnishing the defendant.
1.-The law always presumes that in the
publication OF an article which is libelous
upon its face it was published with ma
licious intent. The law does not impute
malice not existing in fact, but presumes
the malicious motive for making the
charge, which is both false and injurious
when no other motive appears. In such
cases it is unnecessary for the plaintiff to
entitle him to recover to introduce any
evidence from which malice may be in
ferred other than the libelous article.
1.-The law is that it is unnecessary to
render an act malicious that the party be
actuated by feeling of hatred or i'll will
toward the individual, or that he enter
tain or pursue any general bad purpose
or design. On the contrary, he may be
actuated by general good purpose, and
have real and sincere desire to bring
about a reformation of manners, and if,
in pursuing that design, he willfully in
fiicts a wrong on others, which is not
warranted by law, such act is malicious.
1.-The law is that where defendant, in
his plea of justification of the words
claimed to be lbelous, alleges that the
plaintiff was guilty of crime, the de-
fendant must prove the plaintiff guilty of
the crime imputed to him by the justifi-
cation by testimony sufficient to convict
the plaintiff of the crime on criminal
trial.
1.-THE law is that if the defendant in an
action for libelous words, IN which a
crime is imputed to the plaintiff, justifes
on the ground that they were true, he
must prove the plaintiff guilty OF the
crime imputed to MIN by testimony sufIi-
cient TO convict him of the, crime on a
criminal trial.
malice which is said to be the gist of
the action for libel does not mean malice
or i'll will toward the individuals affected
in the ordinary sense Of the term. In
ordinary cases of libel the term ma
liciously' means Intentionally and
wrongfuliy' without any legal ground of
excuse. Malice is an implication of the
law from the false and injurious nature
OF the charge, and differs from actual
malice and Ill will toward the individual
frequently given in evidence to enhance
the damages. If the plaintiff has been
injured in his feelings or his character by
the unauthorized publication 1t is the
duty of the court to award him full
compensation in damages without refer
ence to any particular i'll will entertained
against him by the defendant. Actual
i'll will or malice Will enhance the dam
ages, and may be shown for that purpose,
but need not be shown TO entitle the
plaintiff to recover.
''The law is that the plaintiff in this
case is presumed to be innocent of the
crime of rape, or assault with intent TO
commit rape, upon the witress, Mrs.
Truitt.
1.-The law is that the article in question
is not a privileged communication. or OF
privileged character.
''The law is that if the material part of
q plea of justification fails the plea fails