The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-02-09
JURY IS INSTRUCTED
TO ASSESS DAMAGES
Judge Ingram Holds Printer and Publisher of
Libel as Equally Responsibe-.R Rulings of Court
Follow Decision Of President Taft.

Of malicious that the defendants
should have been actuated by feel
ing OF hatred or Ill WIli towards the
planting, or that they entertained or
pursued any bad purpose on design.
On the contrary they may have been
actuated by a genera! good purpose.
ana nave had q real and sincere design
to bring about the reformation of mat
tiers or conditions. But in pursuing
that design IL they wifully inflicted
wrong ON the plaintiff. which was not
warranted by the law. such acts are
MALICIOUS in law. and are in tneIQ-
selves injurious
ii the jury believe from the evidence
that the charges in the declaration
mentioned were composed by the de-
tendant, iouer, TO be published in a
periodical owned ana euited by him,
called tne laca, TO be circulated in the
city of Richmond, that the same was
printed by deienaants, Retus C. Will
iitins ana Il. H. ~ illtams. partners DO
ing business as the Williams Printing
Company, and that copies OF such PEE
riodical containing the said charges so
composed ana priAJed We're by tho
Williams Printing Company delivered
to the said iodcr, Vi other persons. to,
be distributed and circulated in said
city. and that the same were SO cir
culated. then each and all of said de-
unon the PLAINTIFF. which the law pre-
sufnes to be false and malicious in the
absence OF an allegation ana satis-
factory proof or the truth of such
charges, or a satisfactory explanation
of tho language used
The court further instructs the jury
I that the defendants were not justified
In making the publications complained
ct n at The 3 tirst and second counts Of
the deciafallon, even though they may
have honestly believed they had the
right to publish them.
ouCn noheat pellet may be considered
by the Jury in determining whether
: exemplary or punitive damages should
malice, provided they honestly heliey-
ed that SAID charges were true, such
honest belief being, based upon rea-
sonaDle and probable cause for beltev-
ing N the truth OF said charges.
isedsohaDle AMI probable cause Is
me existence OF such facts and circum-
stances as would excite the belief in a
.easonaple MIND, acting, on the inror-
u atiot tnereof, relied upon by the de-
iendants, that the plaintiff was guilty
of the ottenses charged iii said publi-
| cations.
Can't Rely on Rumors.
Rumors however. and newspaper
publications do not constitute reasons
able ana probable cause to the eNtenS
OF justllcatlon, but as the character
~ Lhe pthiilntslt Is matter which the
jury should in every case consider on
the question OF damages to the extent
that they tend to prove the character
OF the 4t plai nun or bear upon that qucs-
tlon, the Jury can consider them both
on the 2, question of punitive damages or
me court further instructs the Jury
ua1 ~ Improper motive may be lnrer-
!su LtotIl wrongful act based upon
no teasonahle ground. such improper
,noelvs constitutes malice IN law. and
to constitute such malice 1t is not nee,
h bs nrom onae such wrongful acts should
vtndictiVcness,
tb;n me court further instructs the Jury
aa ,tnt'gS to which the plaintiff may be
e eh.tisa' 4 my shall take into consd,
Of the case as disclosed by the evi.
u the cbo ,hs nature and character q q
/ th tie 'n nra the language In which
!. Ivy mre expressed aud It's tendency
1 ,isbs occasion ,sn on which they were pub
The n prn ,1e extent of theif clrculatloln,
y M i rrr,, u.,enelon they came, and thell
'''1usel and probable effect upon tx