The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-02-27

for word, but that the substance and
effect of them is true. There are no
antiquities in the article, words CT
common and arbitrary meaning only
having besn used in it. No evidence
has been introduced tending to show
that plaintiff has been injured in his
business, therefore the jury cannot con-
slider that as an element of damage
The affirmative in civil cases must be
proved and where the evidence is con-
Trajectory. the preponderance of evi-
dence must prevail. 1t is sufficient if
the substance, the gist, the sting of the
iibelous article, is proved IT is not
incumbent upon defendants to show
a number of boodlers and blacimailers.
but if they can prove by preponderarce
of evidence that there was enc boodler
and blackmailer and that plaintiff ap-
peared before the public as a shield and
protector of such person ct the time Of
the publication of the article they
should find for the defendant. The
jury are the judges of the effect and
value Of the evidence introduced. ex-
cept such as has been declared to be
conclusive. but the power of judging
is to be exercised with legal discretion
and in subordination of the rules of
evidence. A witness false in one part
of his testimony is to be distrusted in
others The burden of .stoof is on
plaintiff to show that the defendants
We're actuated by express malice Ii
the jury is satisfied that the words IN
the article are true in substance ana
fact. they must find for defendants,
They must consider whether win all
the facts defendants claim to nave had
information and knowledge at the time
of the publication that as reasonable
men and public journalists they were
warranted in believing the truth OF the
matter published by them and that so
believing they published the article,
and il the Jury believed that they were
honest in this and published the arti-
Gle without express malice, they should
give those facts due consideration in
mitigation of damages. 1t is the law,
that the public interest and due re-
gard for the freedom of the press de-
mand that its conductors should not be
mulct in punitive damages fer publ
cations on matters Of public interest
made from laudable motives after due
inquiry as TO the truth Of the facts
stated. made in the honest belief that
they We're true.
They were not bound 70 decide in
conformity with the testimony or de-
clarations of any number of witnesses
which did not produce conviction in
their minds against presumption or
circumstance proved in the case that
satisfied their minds. If they We're
reasonably satisfied from the evidence
that the matters set forth in the arti-
Gle complained of was substantially
true, their verdict must be for de-
PENDANTS. To establish the truth of
any issue in the case both parties have
the right to rely in circumstential evil
dence Circumstantial evidence is the
legitimate and proper means for the
establishment of fact by evidence.
The jury are the judges of the effect
and value Of the evidence The
defendants would be entitled to a
verdict if the Jury believed from the
evidence that the plaintiff did at the
time of the writing OF the article COM
planned of. or prior thereto, appear be-
fore the public as a shield and protec-
ton to boodlers ard blackmailers. &
The case was given to the jury at
1890 a. m. and at 40 D. m they
brought in verdict for plaintiff for
$500 damages. The verdict carries
the costs with it. which will be very
heavy