The record-union., 1895-07-22
A SINGULAR sLANDER CASE.

A SINGULAR SLANDER CASE.
An Englishman resident in this State
has sued comic paper in San Francisco
for damages on the ground that the paper
had physiognomist estimate the char
acter, traits and disposition of the subject
from a Photographic picture Of his face
and that the published estimate is scan
dalous, exposes the victim to contumely
and ridicule, and that it is wholly untrue
and altogether malicious.
The comic papers generally shield
themselves from such attacks behind the
humorous character of the journals, which
is as much as to say that what they print
or illustrate must not be taken in serious
ness: that the reading public understands
this, and that therefore to caricature or
lampoon man in a comic paper does
him no damage. Whether that will be
the defense in the present case we have
no means of knowing.
If. however, the truth of the estimate is
pleaded there will come to trial one OF
the most novel and interesting of issues,
namely, whether there is to be placed in
the so-called sciences of phrenology and
character reading by the physiognomy
any value whatever. We have small
confidence in the latter as a science.
There is little something in the former.
Every one knows that the well-formed
head promises better than the Informed;
that there are certain marked formations
that indicate the preponderance or the
lack of animal passion, the want of intel
lectual strength or the superabundance
of it
We ali know that breadth between the
eyes. generous nostrils and lips, the full
ness of the brain clearly indicate those
qualities in the horse. dog and COW that
are desirable and that, to a certain ex-
tent, the same rule applies in the human
being. So, too, there are countenances,
the features of which are indicative of
ssnsuality, cruelty and lack of firmness,
as there are those that indicate generosity,
warmth, kindness, benevolence and
frmnsss. But that the so-oalled
sciences are infallible no sensible
person now claims. Indeed, when they
are found to be correct throughout. we
note it as an exception.
We conceds that much is to be relied
upon in judging of human beings that is
found in the expression of the face and
the shape of the head, but that this raises
the study to the rank of science is ex-
ceedingly questionable. II the court
should 60 into this subject on the trial Of
the case in point there will be an exceed
ingly interesting battle. But it is prob
able that if the case ever comes to trial
the defendant will be driven to the ne
cessity of proving, if 1t can, that the pub
lished estimate of the character of the
plaintiff is correct. irrespective OF the
supposed physiog and phrenolog-
ical indications. If on the other hand, it
should be held that there are certain es-
tablished and well-defined laws of the
alleged sciences. which must be accepted
as indicating certain facts of character
and temperament whether they have de-
vsloped in the career Of the party or not,
society will be moving upon very dan
gerous ground, and the right, if it is con-
ceded, which would be monstrous of one
to publish an estimate of the character OF
another, formed upon the reading of the
face and the head, will become very
dangerous one.
But this is scarcely probable. 1t is
likely that the paper in question will be
compelled to establish, if it can, that the
plaintiff is sensual, vulgar in thought,
the offspring of degeneracy and the out
come of moral deprsvity; that he is
cunning, deceitful and contemptuous of
others, and altogether most repulsive
person, just as the physiognomist's esti-
mate claims he is.
The cause of all this trouble. which is
ANYTHING but creditable to American
journalism, appears to be that the plain
t;f who is the son of titled man in
England. saw fit, as was his right, to
marry a vaudeville actress. With this
enisode the newspapers of the State much
oonesrned themselves. and the young