Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1899-04-20


compensatory damages is meant
such amount as will compensate
the plaintiff in the injury to his
reputation occasioned by the pub
lication. In arriving at this you
will take into consideration the
standing of the plaintiff in the
community, and the estimation
in which he was held by
the community, as well as his
general reputation, and also his
reputation upon the subjects en-
braced in the charge, and the true
character of the plaintiff as you
fird it to have been from the evil
dence.
Z. If you believe from the evil
dence in this case the plaintiffs
general reputation was bad at the
time of said publication, he would
not be entitled to recover the same
amount as if his reputation were
good, and if you should find from
the evidence that the plaintiff had
previously associated with low and
degraded people, he would not be
entitled to recover the same
amount as if his associations had
been of a different class, and in
arriving at a verdict in this case
you will take into consideration
all the evidence bearing upon the
character, reputation and associa-
tiOns of the plaintiff.
S. The court further lnstructs
the jury that the law presumes
that the plaintiff was possessed Of
a good character az the time OF the
alleged publication, and that such
character continues with him un-
til the contrary is shown by the
defense by competent proof. The
burden of proof is upon the de
PENDANTS to establish the bad char
acter of the plaintiff, and this must
be done by fair prepOnderance
of the evidence.
9. The court further instructs
the jury that the right of the plain
tiff to the character and reputation
which his conduct deserves stands
on the same footing with his right
to the enjoyment of his lite, lib I
erty, health, property, and OF the
comforts and advantages which
pertain to the state of civil society,
inasmuch as security to character
and reputation are indispensab!y
essential to the enjoyment of every
other right and privilege incident
to such a state.
10. Ii the jury shonld believe
from the evidence that the publ
cation in question was the result
of actual hatred, personals i'll will,
or deliberate intent on the part
of the defendants to injUre the
plaintiff, this fact may be taken
into consideration by the jury in
up their findings as to the
amount of damages that the plain f.
tiff should recover.
II. The court further instruCts /
the jury that in making up their
verdict they may take into cOnsid- !
Grafton all the facts and circum-
stances in the case; the mental |
suffering of the plaintiff caused by |
the publication, and by the recog- !
milton of the fact that said publica- |
ton would come to the knowledge /
of his parents and his children and .
other relatives, and his friends, If /
indeed he had such recognition,
and YOU will take into cOnsidera-
ton the mental suffering and an
guish of the plaintiff by reason Of
all these things, if you find that he
such mental suffering or
anguish. Also the jury may take
into consideration the mental sUtl-
ering and annoyance of the plain
tiff, if in such state of mind you
believed he suffered by reason of
the taunts of his comrades, If such
.aunts were made in a distant land, /
and while plaintiff was IN the ser
vice of the United States as a sol
lier of the late war, that circum-
stance, together with any and all
1ther mental suffering and anguish /
On the part of the plaintiff, which
nay reasonably and naturally be
leduced from said publication.
y. The court further instructs
he Jury that it is not necessary, Ii
rs a matter of law, that the publi-
,ation complained of should be
published or communicated TO any
particular number of persons. 1t
will be sufficient if it appeared in
! newspaper circulated in the dis
rict in which it was published
Nor Is it essential that the
plaintiff should prove any
particular amount of damages :
hat he may have sus- I
aimed by reason of the alleged
publication, but the jury are au-
to find for the plaintiff
my sum which they may believe I
he plaintiff is entitled to recover &
" reason of such publication, not /
o exceed the amount claimed i'm
he complaint
II you find from the law, as
.iven you by the court defining
he meaning of libel, and from the {
,ublicatiOD in uupstiOn that the I