Omaha daily bee., 1908-11-20

supreme court and was remanded 70, the
lower court for a new trial.
The action arose from the fact that the
Omaha Daily News published an address
made at a mass meeting by Elmer f..
Thomas, attorney for the Civic Federation.
on the night OF November Is. 1904. in which
a person whose name was net given was
accused Of throwing a bomb or hiring some
one to throw Il for the purpose OF wrecking
the home OF Mr.. Thomas.
Dennison filed suit against the news
paper, alleging hat he was the Individual
referred TO in the speech and that the
publication was libelous. He sued to re-
cover $4,000. He obtained judgment for
1850, and the publishing company then
appealed to the supreme court. The sylla-
bus OF the opinion OF the court. written
by Commissioners Epperson. follows:
In O civil action to recover damages for
libel II is proper to produce evidence show
ing the relation existing between the plain
tiff and the author OF the alleged libel for
the purpose OF proving that the plaintiff
was the person referred to, when his name
does not appear in the article, and defend
ant does not admit that he Is the one re-
Neither the grief experienced by the plain.
titt's vile upon reading an alleged libelous
of her grief upon the plaintiffs mind are
elements of damage recoverable In actions
for libel.
In a civil action for libel in this state
wherein punitiev damages are not recover
able evidence Of the Defendants refusal to
others who had also published the alleged
libel had published a retraction Is adj
MISSILE for the purpose of enhancing the
plaintiffs recovery.
paper in which the alleged libel was
published should not be required upon OBJ
lection, to testify as to whom he con
sidered" and supposed the article re-
ferred.
County Judge Wins Out.
The suit Of Saunders county against
Charles H. Slama, former county judge
to recover A44 fees, alleged to have beer
retained by him for performing marriage
ceremonies, has been remanded to the dis
trict court for further proceedings. The
district court had given a Judgment ir
favor Of the county.
This opinion does not pass upon the es
sential features of the Vinsonhaler case II
Douglas county inasmuch as the court doe'
not say whether marriage fee'
may or may not be retained by a county
Judge.
SON Receives Property.
In the case of Mary A. Schley agalns
Michael and Mary Ann Koran. the suprem,
court reaffirms the Biblical injunction tina
the laborer is worthy of his hire. Michae
Koran for nine years previous to his major
ity wa a laborer in the iron mills Of New
Jersey. He turned over all his earnings L
his parents. Afterward he worked 70
twenty years as a farm hand for his par
ents and received no compensation othe
than his bed and board.
A few years before her death his mothe
DECIDE to him her 120-acre farm in Cola:
county. The consideration was only love
affection and 81. Mrs. Schley Michael
sister, brought suit to nave the deed sc
aside, alleging that Mrs. Horan was weal
minded and had been unduly influenced b.
her son. She asked for an equal divisio,
of the property.
The court holds that Michael is en-
titled I oaIl he receives from his father
estate and that while his mother occa
sionally manifested Authorizations o
mind they were not sufficient to warran
setting aside the conveyance of the prop
erty.
Reform school for Profanity.
The court has sustained the judgmen
OF the district court OF Kearney count
in ordering JOY Roberts, a 16-year-ol
r boy, committed to the State Industrla
l school at Kearney. The boy was con
victed of p~rofane. swearing and his at
torneys commended that he could not b
sent to the industrial school Dor such a
} offense, but that only a fine of not NOR
than 81 or less than rs cents could b
imposed.