The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1899-04-19

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from the evidence that the publi-
cation in question was the result
Of actual hatred, personaliil 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
making up their findings as to the
amount Of damages that the plain
tiff should recover.
IL. 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
endured such mental suffering or
anguish. Also the jury may take
into consideration the mental suff-
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
taunts were made in distant land,
and while plaintiff was In the SER
vice of fthe United States as a SOL
der of the late war, that circum.
stance, together with any and all
other mental suffering and anguish
on the part of the plaintiff, which
may reasonably and naturally be
deduced from said publication.
12. The court further instructs
the jury that it is not necessary,
as a matter of law, that the publ
cation complained of should be
published or communicated to any
particular number of persons. 1t
will be sufficient if it appeared in
a newspaper circulated in the dis
trict in which it was published.
Nor is it essential that the
plaintiff should prove any
particular amount of damages
that he may have sns-
tanned by reason of the alleged
publication, but the jury are au-
thorized to find for the plaintiff
any sum which they may believe
the plaintiff is entitled to recover
by reason of such publication, not
to exceed the amount claimed in
the complaint.
If you find from the law, a,
given you by the court defining
the meaning of libel, and from the
publication in question, that the
article published was libelous in
itself, no proof of actual injury to
the plaintiff is necessary on the
part of the plaintiff to entitle him
to recover damages. In that event,
the law presumes that he has suf-
fered some injury by reason of the
publication, and the amount of
the injury is a question for the
Jury to determine, limited by the
amount claimed.
13. The court further instructs
the jury that fyou find from the
evidence in this case that the al
legged publication appeared in de-
newspaper, as alleged in
plaintiffs complaint, and if you
find the said article, under the law
given you by the court, was libel
GUS publication, then, and in that
event, you will be authorized in
finding that said publication was
falsely and maliciously made with
out any further proof Of falsity or
malice, and in that event you
should find for the plaintiff, and
you should assess such damage in
plaintiffs behalf as the jury may
deem proper, in view of all the
testimony in the case, to compen-
.ate him for the modification and
shame he may have suffered, and
she disgrace and dishoner cast up
IN him, and the damage done to
his reputation.
IA. The Jurors are the sole
Judges of the credibility of the