The daily chieftain. [volume] (Vinita, Ind. Ter. [Okla.]) 1898-1902, 1899-04-19
AN IMPORTANT
LEGAL DOCUMENT.
Judge Springer's lnterpreta-
ton of the Law Prevail
ing in Newspaper
Libel in the In
dian Terri
tory.

The judge begun his instruc-
tions to the jury by reciting the
publication OF the ten or twelve
line item. in June. 1898, headed
"Rough Riders in Jail,' by the
defendants, iil The Indian Chief.
tain. The features of the COM
plant are detailed, in which plain
tiff asks 81 900 Chiefly because of
the iasceration OF his finer sensi-
bilities.) The plea of the defense
is next set forth which was that
they published the item, not with
malicious intent but through error,
the occurrence described having
taken place at Tampa, Florida;
that the substance OF the item was
published in the Kansas City
World, from which source and by
common report the information
was derived and that another per-
son of same sir name was par
ticipant. Further, that the publ
cation did not injure plaintitf;
\ that the item was corrected in the
succeeding issue, etc. The court,
continuing, says:
Gentlemen of the jury: have
stated briefly the issues presented
to you in the case nowpending, hav
| ing given yc1 the substance oi the
com plant, the alleged libelous ar
ticle published, and the answer of
the defendants. Upon this case
and the issues thus joined the
court instructs you as follows:
! l. That a lihei is defined hv the
statute applicable in this jurisdic-
tion as follows:
"A libel is malicious defama-
tion, expressed either by writing,
printing. or by signs or pictures or
the like, tending to blacken the
memory of one who is dead. or to
impeach the honesty, integrity,
veracity, virtue, or reputation,
or to publish the natural defects,
of one who is living and thereby
expose him to public hatred, con-
tempt and ridicule.
| 2. | have thus stated from the
very words of the statute what
kind OF publication is libel in
this jurisdiction, and it is for you,
gentlemen of the jury, to say
whether the publication set forth
in the plaintiffs complaint, and
which have read in your hear
ing, falls within that definition,
and as incidentally to that, wheth-
er il is calculated to lnjure the
reputation of the plaintiff.
3. You will see from the defini-
ton of libel which | have given
you that it is malicious deiama-
lion. Malice in uttering false
statements may consist either in
, direct intention to iDjure another
or in q reckless disregard at hi
rights and the consequences which
may result TO him. Implied mai
ice is inferred from the falsity
of the charge, or where
the words are actionable o
themselves. 1t is not necessary
to prove express malice Malice
in this connection signifies th'
. absence of just cause or excuse
and VIII re best is III just rausl
or excuse for the publication thu
person who makes the publication
is responsible for the natural con
sequences of bis act 1t is rul'
that the right to damages follows
consequentially the publication 0
J words actionable in themselves
/ because the inevitable tendenc.
! CT such words as to injure the per
son of whom they are spoken
To constitute malice il is 10
necessary to show By direct proc
! an intention TO injure the plaintiff
If YOU should find fiora The eyi