Omaha daily bee., 1903-03-06

whiting for conduct unbeooming a physi-
elan. but upon his agreement TO leave the
state this IVES not pressed. whiting. how
ever. appealed to the supreme court and
sought 70 have the judgment Of the lower
court reversed. He complained that the.
courts Instructions were erroneous and
that the jury gave the plaintiff a judgment
to punish him for disclosing what came to
his knowledge az = physician. He pleaded
ne an excuse that the girl was a teacher In
both day and Sunday school and that her
private life justified him in protecting the
young.
Neither the district nor the supreme
courts give him any comfort in the matter.
He IL strongly condemned for his action,
and the supreme court says that II the
judgment against him had been several
times az large II would be constrained to
make the same recommendation OF afirma-
tion.
one Of Writings defenses. aside from the
allegation that what he had said was true,
was thai he had communicated the matter
TO Rev. Harris. who vas sitting up with
him. and that the words were uttered while
he was delirious and did not know what lie
Eas saying. The evidence, however, was
that he had afterward repeated the same
charge.
Big Verdict Amrmed.
The s15. 900 judgment obtained by a line
man named Rambold against the New
Omaha Thomson-Housto Light company is
afhrmed by the supreme court. Rambold
fell from a pole, and broke his left foot
and his right ankle. One Of his feet had to
be smputsted eleven months sfterward. He
claimed the accident was due to faulty
construction on the part Of the company.
and the question of contributory negligence
was decided in his favor. The court also
holds that in view Of the injuries in
nicted $4,000 is not an excessive verdict.
Law of slander
In the case Of Larson against Cox. from
Dawes county. whore the plaintiff sued for
damages because Of words spoken that i'm
puted larceny TO him. the court holds that
under section 1872 Of the code the truth
Of spoken defamation is a complete de-
Tense. TIL lower court. says the opinion,
holds that the evidence warranted the con-
clusion that he did commit the o1ense;
this being so, the judgment is right no
matter whether the motives Of the man
we're good or the statement made for jus
tihable ends.
In the opinion Judge Sullivan discusses
u law " llDEi III anu hl boLut ithbt III
He thinks that the constitution of 1875,
when IL is said that 'in all trials for libel.
civil and criminal, the truth when pub
lished with good motives and for justihsble
ends, shall be a sufficient defense" intended
TO place restraint upon the freedom Of the
press and partially repealed section 132
although the truth OF a defamatory publ
cation is still a complete and perfect de-
Tense in criminal cases irrespective OF
motive or object of publisher. The same is
true Of spoken defamation.
Engineers Elect OmcePs.
At the annual meeting Of the Nebrasks
Engineering society. held here today, the
following ofhcers were elected: President
Andrew Rosewater Of Omaha; vice presi.
dent. c. R. richards OF Lincoln; secretary
George r. Chatburn Of Lincoln; executive,
committee. A. N. Mum Of Nebraska City
J. p. Walton Of Lincoln and George L
Camper of Lincoln.
At the afternoon session President A. c
Koenig delivered an address on "Antiquit!
OF Engineering" Tonight DR.. e. L. Corthel
l~ectured on Engineering in Argentine Re.
public" About fifty engineers attended tn,
meeting.
Both victims of Tragedy Dead.
Jennie Thomas, who shot and killed Free
Broderson a week ago and then shot her
self. died shortly after s o'clock tonight
For awhile It was thought Miss Thomai
would recover. but this morning she grew
worse and continued to gradually -declin,
until the end. The remains we're taken il
charge by her family and no inquest will
be held.