Pine Bluff daily graphic., 1907-02-11
|NSTRUCTS FOR
 THE PLAINTIFF Judge Grace Asked Jury to Return Verdict for Cap tain E. M. Galbraith.- Murray Damage Suit.
NO SPECIAL DAMAGES

oftieieS " ere IIDtIOUS i'll Thai They
 Were Not Pri,ileged-Case Argued
 This Morning-Special Damages
 Not Proven.
 In the Jefferson circuit court this morning, after arguments were submitted by the attorneys in the damage suit in which Captain R. M. Galbraith sues for $37,5O0 from Arthur Murray, for alleged libelous statements published in the Press Eagle by the latter, Judge A. B. Grace instructed the jury that the complained of articles were libel ous in that they were not privileged and that plaintiff is entitled to re- cover.
 Judge Grace in his instructions, which were quite lengthy, said the plaintiff was not entitled to special damages. He told the jurors to award Captain Galbraith such com- pensatory damages which, in their judgment, he is entitled to. 'sNo special damages were proven," said the jurist.
 Judge Grace further instructed the jury to award plaintiff compen satory damages in any sum not to exceed $27,500, the amount sought in the legal proceeding. If the li be1ous articles were published by the defendant with express malice toward the plaintiff, the jury was asked to award punitive damages in any sum not to exceed $10,000.
 Judge Grace's Charge.
 Gentlemen of the Jury: This is action by the plaintiff, Robert M. Galbraith, in which he seeks to recover damages for in- juries caused him by the publica- tion of certain alleged false and de- famatory articles concerning him published by the defendant, Arthur Murray, in his newspaper, the Pine Bluff Weekly Press-Eagle on the 18th and 26th days of June, 1906. 1. A libel is any publication the tendency of which is to degrade and injure another person; or to bring him into contempt, ridicule or : hatred, or which accuses him of a crime punishable by law, or which amounts to charge of having been guilty of any dishonest business or official conduct or transaction, the effect of which would be to injure the credit or business standing, or to bring into disrepute the good name or character of the person so ] slandered.
 2. Whether or not a given pub- lication amounts to libel is a question of law to be determined by the court and is not question of fact to be considered by the jury. 3. The law presumes every citi- zen to be honest and of good moral character until the contrary is made to appear by evidence.
 4. Where the publication com plained of is libelous on it's face, and Is proven or admitted to be false, the law presumes that injury to the plaintiff has resulted from it for which he is entitled to recover damages. These damages may be actual tor as they are sometimes called Especially comepnsatory or punitive, or all of these, depending on the nature of the case and the proof.
 5. Actual or special damages represent a pecuniary loss shown to have been sustained by the plaintiff as the direct result of the publi- cation of the false and defamatory matter complained of.
 | 6. Compensatory damages are such sums of money as will com pensate the plaintiff for the mental pain and anguish suffered by him, and for the shame, disgrace and humiliation endured and the injury to his character and reputation caused by the publication of false