The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-06-04
JUST WHAT'S An AFFINITY
DIVISION TALKS
OF THE WORNS MEANING.

IN satlnE That hfoker hao an Ana
lD-Juror 1ust Con0tcted % Crime
Mas Wr0agiy Allowed 60 Serve.
/ The Ferdinand Pinnsy Earle case and
the meaning Of the word affinity we're
dwelt upon a. soms length in a decision
% the Appellate Division Of the supreme
Court Yesterday reversing a judgment
for $1,000 obtained by Peter Geddes
Grant. broker. against a newspaper
because II the publication Of an article
stating that Grant and an affinity had
led tho police Of three precincts a two
hour chass through the theatre district
hut when he was caught he had 20 send
for his wife to ball him out Grant sued
on the ground that the article intended
20 convey the impression that he was
assOciating with a person Of 'unchasts
character
Ia support Of his contention counsel
for Grant introduced In evidence three
clippings from the same newspaper
dated prior 70 the article complained Of
in which the word -afinity' was used 10
show the implied meaning Of tho word.
One related 70 the mObbing OF Ferdinand
Pinney Rarle by his neighbOrs at Monroe.
the second told Of q crowd waiting At the
railroad station 70 greet him with tar
and feathers when he returned. and the
third told how a woman had caused the
arrest Of her husband because he had
been living with an 'Ahhnity' In admit
ting the clippings IN evidence the court
below said that thcy served 70 show that
the readers Of the newspaper In question
were educated 10 the meaning Of that
word in In inVidious sense The Court
charged the jury that the serious question
Il Wonld have 90 pass on was the meaning
Of the language In which the word ANN
ity' appeared. having In mind the meaning
an intelligent person would gather IN 1901
and not at present.
In his decision Justice Clarke said Il
was apparent that the three prior articles
figured largely in the trial and were Of
such a nature that they could not fail
seriously TO affect the jury. because they
-purpOrted 20 show the moral uprising Of
a rural community against a person pos
sessed Of an affinlty. and the opinion OF
such community that such = person was
deserving % being tarred and feathered.
ridden on a rail or even hanged The
Court said that II the articles were
improperly admitted in evidence the
Judgment could not be sustained.
The word -afinity- h common English
word TO h. found In eli English dictionaries.
and In none Of them 10 which our attention
has been called y there ascribed the par
ticulaS inyidiou- meaning sought 10 be
sscribed TO the word upon this trial Die
tionsry meanings. however. are not ron
elusive. English Is not dead but a
virile language De ible. progressive, con-
ginually being enriched from all sorts ~
sources common speech made piquaut
and interesting by slang and iargOR. often
better understood by the man In The street
than The classic dictlon OF the great masters
The noun combine. meaning a secret
combination for The purpose Of committing
fraud. conspiracy was added 10 the Ian
Euage by a witness in a famous trial 10 the
city of New York In Isss and u nov a die
iionary word Of course there are innu-
merahe Instances Of like character
n. a. claimed by the plaintiff. and appaT-
emily conceded by the Court. a new meaning
had been attached 20 or coined for the word
afiniiy- shortly prior 10 the publication
Of the article complained Of that meaning
should have been set forth In the complaint
and a special issue rendered thereof
The Court points out that Grant com
planned Of the entire article and there was
no special picking out Of the word -af-
finity.' The Court adds:
Perfectly innocent words standing By
themselves NAV be thrown into such
JuHtapOsttion that together they become
libsliOus The rule in libel eases Il that
ia word has two meaning. one good and
one bad. the good shall be taken. unless b.
Nay 81 innnendO the bad meaning 10 brought
10 che attention % the Court and relied
upon The vice In this record l. the pick.
ing ont Of the word annuity aud the A.
tempt 10 ascribe 10 II upon The trial a mean
ing BY evidence o. prior articles which could
only be admitted. Il at all. under appropriate
allegafiOnS
The Appellate Division fuds another
reason for ordering a new trial in the
fact that the foreman Of the jury had |
been recently convicted in Special Ses- /
sions % assault on a Young woman under I
age. and counsel for defendant after /
producing a certified copy Of the court |
record asked that the case be declared I
a mistrial on the ground that the juror |
was disqualified. The Appellate Division !
saws Il needs no argument 20 support a /
proposition that a person convicted Of a /
crime of such tuTpiude- did not possess |
tho good character demanded 81 a Juror. |
vet the Court permitted the juror TO |
serve
The higher court saws that the evidence |
justified the jury in finding that the |
article was false and llbellous.