The herald., 1896-07-09
The article was thereupon read to the

The article was thereupon read to the
.The article was offered In evidence, I
presume. on the theory that the last
clause thereof. (which SUM Mrs. Wester-
field will doubtless have to pay" was
q reassertion of the truth of the matter
published. 1t would DE reassertion of
the truth of the matter published IL the
truth were the only defense which could
be made to the action. At that time 1t
was evidently considered by counsel for
plaintiff and by the court that the only
defense to the action was the proof of the
truth Of the allegations of the alleged
libel. This, however, was an oversight
both on the part of counsel for plaintiff
and the court, and because the defend
ants had right to assume that they
could make other defenses to plaintiffs
action than the plea Of the truth of the
alleged libelous language. The defend
ants evidently believed that the alleged
lfbelous article was not libelous per Sc,
ana that that of itself was a complete
defense In that no special damages were
alleged In the complaint. In pursuance
or this belief the defendants counsel
demurred to the complaint, which de-
murrer was overruled by the court. Upon
the same theory defendants counsel at
the commencement of the trial objected
the complaint in this action.
The cost of the article of October 18th
is privileged communication, reporting,
not unfairly to the plaintiff, the COM
mencement Of the action and the allega-
tions OF the complaint. II the clause.
which sum Mrs. Westerfeid will doubt
less have to pay had been omitted
there would be no pretense that the arti-
Gle was republication or reaseertion
of the alleged libelous publication. 1t Is
only by construction that that clause
can be made to mean that the allega-
tions OF the complaint are true. 1t IL
susceptible Of another meaning, which
was acted upon apparently In good faith
IN the filing Of the demurrer, and in the
objection to evidence under the allega-
tions OF the complaint.
On review of this evidence I am Of
opinion that the court erred In receiv.
Ing this publication in evidence and that
the error Is sufficient for the granting Of
DEFENDANTS motion for new trial.
The error in the case at bar was not
because the publication was made after
the commencement Of the action. but be-
cause 1t was not republication or q re-
iteration of the alleged libelous state
ments Of the first article.
In view of the conclusion at which I
have arrived that the article Of the 18th
OF October should not have been admit
ted in evidence, and that the admission
or the article was prejudicial to the de-
PENDANTS, the defendants are entitled to
new trial of this action. The defend
ants motion is therefore, granted"
New Suits
w. S. Norviel VS.. Flora E. Batcheller:
suit to recover on a promissiory note
for $17O.
Harris Cohen VS.. M. Kreamer, admin
tStrQtOr nf tho 70 ~ Pah N-L
deceased and twenty-seven other de-
PENDANTS; suit to quiet title
Petition of H. c. Axtell, an insolvent
oebtor; petition In insolvency to be dis
charged from liability. The debts and
liabilities are set forth at $S94. 81; real and
personal estate, $1425; assets in the ma
ture of debts due, $50.40
The estate of Elizabeth L. Hunt. de-
ceased; petition for probate of will. The
estate Is valued at $500.
The estate of Curl Richardson; petit
tion for probate Of will. The estate is
valued at $4,000.
William H. Wilcox VS.. P. A. Howard.
street superintendent: q suit to obtain
q writ OF mandate directing the street
superintendent to fulfill contract.
Main-street Savings bank and Trust
company VS.. Anna Miner, as executrix
of the will of John Miner deceased; suit
to quiet title.
People upon accusation Of D. ]. Nc
Carthy vs. X. Almind; petition to OBJ
tain an order to defendant to show cause
why he should not be deprived OF. office
as trustee at Long Beach and Judgment
rendered against him for $500.
People upon accusation of D. ]. Nc
Carthy vs. William Schilling; a suit sim
liar to the above.
Petition for guardian; petition of
Adelaide e. Hamilton that Mrs. Elmira
T. Stephens be appointed guardian of
three minor children.
The estate of William p. Leavitt, de-
ceased; petition for letters of admin
istratlon. The estate is valued at about
$2OOO
Petition for guardian; petition Of Or
pha M. Quayle, mother of two minor
children having $3.50 interest each in the
estate of their father. be appointed
guardian.
Thomas Hughes VS.. Catherine M. Mis-
sail ct al; suit to recover $139, $50 costs
of action, ETC., on a mechanics lien.
The Best Of Proof
Gertrude w. Rott is the name of the
little woman who was arrested and
charged with insanity while making
application for relief at the Associated
Charities on Monday. Yesterday she
was brought up before Judge Van Dyke
for avn mil q tion xyhan curin,,S