Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1900-12-13
The End of the Slander Suit.

The trial of John Wanamaker on a
charge of slander made by Thomas
Robinson, former State superintendent
of public printing and binding, who
asked $25, 900 damages, came TO an alb
rupt end soon after court opened in
Beaver last Thursday morning. Coun-
sci for Mr. .Wanamaker renewed their
motion for a non-suit and Judge j.
Sharp Wilson granted it. The plaintiff
was dumbfounded. An expression of
i surprise was on the faces of nearly every
person in the audience. Then surprise
gave way to general satisfaction and
many hastened TO the former Post
master General to congratulate him.
| Among the first to heartily express
his satisfaction was ex-Auditor General
Amos H. Mylin, of Lancaster county,
who has been staunch Quay supporter
for many years.
| Wednesday evening before court ad-
iourned, Judge James Gay Gordon, for
Mr.. Wanamaker, asked for a non-suit
presenting with his request a powerful
argument. The plaintiff replied, At
torney McQuistion making an able
speech. Judge Wilson overruled the
motion and announced that the defence
should be ready to proceed with its side
of the case next morning, During the
night. he explained next morning, he
had carefully reviewed the evidence and
the arguments and the non-suit followed,
carrying with it the payment of the
costs by the plaintiff. These costs will
be heavy. Mr.. .Wanamaker, however
announced that he would pay his wit
nesses and their expenses.
When court convened Judge Gordon
Immediately renewed his motion for
| non-suit. The following reasons were
were assigned:
THE plaintiff has failed to prove the
alleged slanderous words, as set forth
| in his statement.
The plaintiff has failed to establish
| by evidence the innuendoes contained IN
Ibis statement, and neither the words
aid nor those proved to sustained the
nnuendo.
'The words proven do not charge an
indictable offense, and are not action
able per Sc.
THE occasion on which these words
were spoken was privileged, and the
subject matter privileged, and the plain
tiff is not entitled to go to the jury with
out proof of the falsity of the charges
and of express malice on the part OF the
defendant.
1.-The plaintiff has failed to produce
any evidence of the falsity of the charges
or of malice on the part of the defend
ant. and as the words were spoken OF
and concerning the plaintiff IN his otfl-
cial capacity, and not as private CIT
ixen, the defendant is not called upon
to respond for the exercise of the prlvl-
lege of free discussion upon a matter
proper for public information.
1.-The evidence for the plaintiff being
that the words spoken were uttered OF
and respecting the plaintiff as public
official, ahd the defendant having so
testified when under cross-examlnatlon,
and there being no evidence OF falslty
for express malice, to take the words out
of the protection of the privilege under
which the defendant uttered the words,
the case cannot go to the jury.
Judge Wilson in granting the non
suit said:
Il had the testimony of the witnesses
taken for the plaintiff yesterday, put IN
writing and feel disposed to grant the
motion in view of the law and IN view
of the fact that the plaintiff has failed
to connect the defendant with the
charges made. | have carefully con-
sidered the evidence and the argument
of counsel. 1t does not seem to me that
there is anything here to stigmatize
Mr.. Robinson.
"A compulsory non suit is granted
for the reason that the evidence offered
discloses that in the speech complained
of the words complained of were utter
ed as deductions; this, being privileged
communication, would not be actionable.
l do this upon the ground that there
has been no sufficient proof OF words
connecting the plaintiff with any charge
of criminal conduct, and also because
the occasion and subject matter being
privileged, it was necessary for the
plaintiff to show that not only he was
intended by the words uttered, but also
that the charges were false, and were
made with express malice. This not
having been done, the defendant is pro,
tected by this privilege and the plaintltt
has no case for the jury"