Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1902-01-16

ted, is one Of the questions for the
jury to determine. 1t is plain that
the offense of libel has been commit
ted, and that the plaintiff is entitled
to recover in this case. The amount
OF damages which you will allow is
the only question in this case for the
jury to determine"
The court said further that there
was no fixed rule of damages in such
cases, which was a matter for the dis
erection of the jury. The court added
that "the direct injury suffered from
a libel is to the reputation; and COM
pensatiOn is therefore the principal
item Of damage in an action for such
an injury" Mental suffering was also
a direct result from defamation, for
which plaintiff may recover. In this
case the occupation of the plaintiff,
or profession, was proper to consider
as being an important item in his
capital. Without a good reputation
and character "his usefulness may
truthfully be said to be an unknown
quantity. To charge a minister
with being corrupter of public NOR
ais is about as serious an assault upon
one whose calling is to build up and
imrr rove public morals as can be called
to mind"
The court advised the jury that the
plaintiff was not entitled to any
special damages but to general dam
ages, which must be determined by
the jury from all the evidence and
such SHOULD be limited to compensa-
tion for what the plaintiff had suffered
in his feelings and in his reputation. :"
In this case if actual malice against
plaintiff was believed to be shown,
damages by punishment or example
may be allowed.
If the jury believed that the article
was published without malice and for
the public good, then no exemplary
damages, in excess of compensatory
damages should be given.
The court instructed the jury as to
the definition of malice, and the pre-
sumption of the law as to the motives
in making a charge which is false, and
where no justitiable motive appears.
There must appear however to have
been actual malice before the pre-:
sumption of such can allow exemplary
damages. Good motives of defendant
in publishing the article for the pub
lie good could be taken into considera-
tion in mitigation of damages.
II evidence had been introduced by
defendant to show that the statements
were true the plaintiff would have no
case as the law does not intend to pro-
tect guilty men. II even partial evil
dence was shown that there was no
malice ON sthe part OF defendant the
jury should consider such in mitigation
ofdamages. II the plaintiff had invited
an attack by casting aspersions on the
defendant that should be considered
in reducing damages.
Trial of the case of Rev. William
Steele VS.. Editor FAIRIES Of the Court
enay Gazette and c. A. Sanford for
$4,000 damages for alleged libel, be-
gan in district court Saturday. A
motion to dismiss was argued and the
court overruled. The Rev. William
Steele was the first witness called by
Attorney Parks. Attired in Prince
Albert suit and white tie he solemnly
took the witness chair. He testified
that he came to Courtenay in October,
1900, as minister in the Presbyterian
church. He had been called by the
Congregation from Goldendale, Ore
gon, and was transferred from the
East Oregon Presbytery to the Fargo
Presbytery. He was one year pastor
of the church in Courtenay and quit
October l, 1901, following the publica-
tion of the article complained of in
the Gazette.
He did 4lot remember of anything
being said about the publication of
the article before it appeared and
added on July 6 at meeting, Ell
der Sanford had displayed TWO letters,
one from Salem, Oregon: and the
other from Lynn, Mass, which the
elder claimed showed witness to be a
disturber. The court ordered last
answer of the witness to be stricken
from the records. The court also told
Steele that he was an intelligent man
and should know that the question, as
asked by Attorney Parks, did not call
for such an answer as he had given.
Attorney Thorp's objection to a ques-
tion as to damages suffered by Steele
in the way of losing his job was sus-
tanned by the court. Rev. Steele was
asked about his feelings since the
and said that his feelings
were very much hurt-that he did not
believe it possible to estimate. Asked
how it hurt he answered that it was
as man trying to be an honest min
iSter of the gospel, That was his only