The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-11-10
MINISTER ,SLANDERED.
Supreme Court Decision Yes,
terday : Pastor Wild
demer's Case.
Special to the Jersep cstu Ne,rs.

TRENTON, Nov. 10, 1Ss6-Several opin-
ions were filed in the Supreme Court yes
terday. One of these, by Justice Magic,
dismissed the writ of error directed to the
Monmouth County Court of Common
Pleas in the case of William N. Richie
vs. Howard T. widdemer. The case is
rather interesting. Mr.. Widdemer is a
Presbyterian minister, and was pastor of
q church in Asbury Park. Mr.. Richie
was convicted in the lower court of libel.
Among the charges against him were that
he had accused the Rev. Mr.. Widdemer
of having had trouble with a girl in
every church of which he had ever been
PASTOR that he had been unduly inti-
mate with a young lady parishioner in
Passaic. and that he was not a regularly
ordained minister. When the statements
were made there were some differences
between Pastor Widdemer and the Nom
mouth P~resbytery. The syllabus says
Words derogatory to the professional
character of a minister are actionable
without proof of special damage.
When slanderous words affect profess
sional character by imputation of miscon-
duet, strict proof that the slandered per-
son has been admitted into his profession
is not required; IT will be sufficient to
prove that he has practiced it; but when
the words spoken deny the right to prac-
tice that profession. it seems hat the
right must be established by proof.
when the evidence fails to disclose a
privileged occasion for speaking SANDER
GUS words, the defense upon that point
may be oyerruled or the Jury charged to
disregard it."
In Dell hester ". The State of New
Jersey the opinion was filed by Justice
Magie and reverses the Atlantic Quarter
Sessions, which convicted Nester of rape
and sentenced him to three years at hard
labor.
The writ of error charged that the
Trial Judge. in instructfng the jury on
the subject of reasonable doubt, gave
only these Instructions
Amy reasonable doubt must be given
to the defendant but i mus be a very
The syllabus says:-'Tf there be de-
grees of reasonable doubt, the definition
of such degrees is a matter of no moment
in the administration of criminal justice;
for, If, after carefully Weighing the
evidence, the jury finds its judgment
unconyinced of guilt. a state of reason
must be given the accused without
reference to its degree. 1t was erroneous,
therefore, TO charge the jury in a crimi-
nal case that any reasonable doubt must
be given to the defendant, but it must
be a very reasonable doubt, for such a
direction permitted, if it did not require.
the jury to refuse to the accused the
benefit of such a doubt unless it was of
the highest or at least of very high
degree"
In Francisco Buttetto v. the Jersey
City, Hoboken and Rutherford Electric
Railway Company. the opinion is. by
Justice Magic. Buttetto secured dam
ages by reason of being struck by a car
of the company. In the lower court a
rule to show cause was granted, which
the higher court discharges.
In Charles Lamberton v. the Consoli-
dated Traction Company of Newark
Justice Magic afirms the Judgment of
the Essex County Circuit Court. award
ing damages to Lamberton. The opinion
also affirms the judgments in the cases of
Julius Lamberton and Peter Hallmark
against the same company.