The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-03-13

ment OF Judge Spencer In the Circuit Court
of the City of St. Louis in the libel suit OF
Attorney Charles b Stark against The Tee-
public. Judge Brace rendered the opinion.
After setting out the pleadings in the case
the Court says:
The issues were submitted to tho Jury under the
following directions OF the Court:
gentlemen of the Jury: The plaintiff. Charles
q. Stark, alleges that the defendant. Publishers
George Knapp & Co.. published of and concern
Ing the plaintiff. the following article:
THAT T IT.
" :MaliEn Is a good word 10 apply to tho in
fuencea working ut Jefferson City TO defeat the
Civic Federation School Board bill In the State
Senate. Led by Attorney Stark. who represents
the Flley combine of the School Board. the
ors and so.bes~eons" Who have fatt S e on the
corruption OF the present sy2teHl, and are work
Ing Tor a continuation OF fat opportunities.
slaad sSs Rs5lss q IA co Sfns'e Fills TO es s1sstai to so I'll;
be the hardest blow that could be delivered
asains, the democracy OF ST. Louis in the APP
1t would gain for the combine a continue
Of a strong advantage which the success OF The
bill TSuld give them -
the w lhs '' aha in,es sas 'o Of tn, ms'f son sSa''G mais.,i IN
to credit reports that the bill will or can be de-
And that the Same is false and malicious and
Under the Constitution Of the State of Mlssou-
r. the jury in cases like this are empowered 20
deterInine uncer the direction Of the Court the
the jury may themselves determine whether the
'e aFSr shest eGin n4orhaiIon of IN is d Sa rs mt g t liSsl. tn.
SonI1 a dec :, that ~ a i6n, is r the malicious all
pfiatins or Writing 9s HR'eh i tends to pap prSvo * s snn
to wrath or expose him to public hatred. con-
fits Of public confidence and social Intercourse
or 1t may be said a libel is q malicious publica-
Ing to blacken tho reputation ., a man and e1-
pose him to public hatred and contempt or ridi-
"A libel may be defined, as a esnsorious or
ridiGuling writing made with a misehievous and
or individuals.
THE Court ~instructs the fury that by malice Is
act done becaus. Of spite or iil-will would be
malicious. but is also meant the doing Of q
excuse, and that. therefore. II the jury believe in
this case that the article coInplained OF was not
law p SsS that a'i it S was m Ia published:
"A man is presumed by law to intend i, what !.
the natural ordinary consequences OF his acts
has The eject Of injuriRns the 5sput ATTIC - Of 1,, him
h aatI bsfe, s0n asaIs S ssd r ridlcu lie tho 2. a aesnipien h' oi
tended that effect.
tho .in art asisF@ eomPfEs,n sa' q question sas or .. Sas 50 not an isbsi-
s SHERATON. Go are and t. si tssi ?. The ihs. sp piaia. a erdinar !s.G as sHl.
SlXsn to it by the he genera! ,,a reader n1sin,, fher may
have understood it nor the mean.hs which ne
defendant may have contemplated is to govern
L k'a and f regard a It IN the meaning mi i in = which It
m woqId foS et aham x x be is,s5sss by the average
"if. therefore. you beiisv. that the article
ss reisl9is. Ct f. s ss. ' DialR Rafs , asd Va. r nse! saisaf i;
ds s. S5si y S.9s,s S.Fs Il 81 vii H. :. pl fPE n PA Mlfi
assess his compensatory damages at such Gum
Injury ei he bag SUSTAINED y !spsen q ~, SAD pusiIis
sSne sx9s.t q !s,s a %sy, ,sss IL 5sts sss So 5s,esssnss
both n, The city Of ST. Louis and elsewhere. as
e e't' tR Rs0 saia pab aRa sas S RpSSaG Il. e Teputa si any &
pute in the community at and prior to March
j. 1887. as shown BY the syiasn ,sG,. the mort,
n may have u suffered ns : By = reason issnll q the a' pab}Seatien:
ths. distress Of mind. i any. which he may have
these matters, you may assess the compensatory
Sa'nHSss S sf 'f e. p ! ssIf s Of ssss fHm a. q him N ys s1T
fisRE a q: ssd Rss',ss g s nj :ss 81 s ss%:s..: 70,
s!aeu Of the p[ial Tanf" such ae 't further: suns aase q =, eao M
plary or punitive damages or smart money. a:
i S,rse" ouaht to e a sissssS a az iHs s the aa Sen ant
,endan. ara other; from b being guilty Of a like
tskss into consideration he capital and resource:
& &. the met dsfs1 ea SSfps as . d sns i. shd ss'd ls %st ias
t sSise pnelie snd n a. .s yon may ,h md n,d 1t from ON n the
ross you ma may e consider any inf i%nformstion 'e or pr re-
ports POI 3, G ,bn s5Isns, or I,, relating ahFot to tt the d Subject mat
eeivedd before the p raGsii HlsA oo n silst', Of and
enos which 1s,,b You ons m sS. b easSn,r. it acted dh,d in
S sSsa may aa''n believe fsH ire from "f the evidence ie wA tSs
sisia. san IT in sSs sav to st fsavs eyb n .as a1 :, &. com r..
fendant's shown In evidence. whether published
oes sS, f II. .f o;b. the ,d pGSlic M a. Of March , u; asaI;
that n. article complained OF is true and that
any malice as a proper and legitimate
sSses @ aDg %ai lss s e nftal q Su lns Pl ntsI.s1. IN 70
As regards the truth of tho article published,
!: ..r ssa i ta sSs r Ife% n r. i: sv' as. sra that that ss fH i.. Z; tsa i
ins t ststs nIsintIrr as made therein; Of and concern.
n 1as aai g %saninx T as h sEsii slS'ns &c ssa s I them them
ycas v ssea4a, ,h sbo l,h he for or he % %essndsnt ~ n...
paper pa TD sns NJ RICH, T. publish il a case ike this
ACTUAL or compensatory damages arc
ants belief may have b been in regard to Z the set truth
OF the article or its good faith. or its motive or
,IduaI: 70 write On any subject. and thus it had
q shs c i II fs sasasahss =, sse sss S Si1f. p msslisdisspi K
a ss.eap = f'ofs for fai al s abuse w'' 6s that %''i ifs:r BY. 4, sn il
That liberty Is abused wherever 1t publishes Of
in certain instances Of absolute privilege. among
which this case is not to be classed.
any malice or lack OF malice in tho publication.
You have already been Instructed as to what
aRsn INC a. a u IS som Of Rme,'i eaile damages or smart
ITO further enable you to decide the questions
to you in this case. the Court ~instructs
contrary . the law presumes the reputation and
Tor or asains, any, any Bill @ IN the I Z Siatt re
funds under their control for such purpose, nor
tss b ANY officer fSe r Of theirs. as q rspEessntstLve Of
'fficial capacity. to lobby for or against any such
lii or work for Or against any such bill affecting
IF the school fund for expense in such employ
nent. and that any such conduct and appropria-
such appropriation is without warrant Of law, is
lsainst the policy of republican form Of govern
upon and rebuked BY any paper or individual in
my appropriate and proper terms.
.,etision or public argument his Ises views ~ and 10y opln q.
'endln a1? be fenso the 1 Isgi slE uss'o of the any State Rsai THIS
light belonss to him as a constituent part OF
nd,vidual acting Of othe iIanIs0. or of by eP pppbiie officials az as
While serving the people. and intrusted only with
heir duty to carry out the law within the lin
e OF tho powers conferred upon them and not
esIslasion, or attempt SO to DO in regard to mat mai
sS affecting their terms Of office or duties re-
That a lobbyist :. one who frequents the
9SRy or precincts Of q Legislature or other
noins. the votes sass" of member Ml1h ane or r'' Who o. ro lhaas
= seeks to influence the votes Of members; or
nth the ' lobby aga1 Of the 'n MeF.s Gaasls' or ac elsewh wne!her
The court further. f%nstructs you that II you