Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-06-01
Judge Is Convinced
Roosevelt Never Was
Drunk. He Tells Jury

Judge F4annigan's charge to the jury
sitting in former President Rocsevelt's
libel suit against Editor Newett follows:
Gentlemen of the jury: The position
which the plaintiff has now taken enables
the court to dispose of this case finally
at this time.
This action. which is for libel fol-
lowed upon the publication by the de-
PENDANT of the statement that the plain
tiff was frequently drunk.
Libel is a malicious publication ex-
pressed in printing or writing, or by signs
and pictures. tending to blacken the
memory of one dead, or the reputation
OF one who is alive and expose him to
public hatred, contempt and ridicule.
Explains Term Malice
In all actions for defamation malice is
an essential element. But in such actions
the word malice is understood as hav-
ing two Specifications. One its ordinary
meaning of ill-will against a person. and
the other it's legal Specification. which is
a wrongful act done Intentionally without
just cause or excuse. These distinctions
have been denominated malice in fact
and malice in law. Malice in fact, or ac-
tual malice, implies a desire to injure
Malice in law is not necessarily inconsist-
ent with an honest purpose, but If false
and defamatory statements are made con-
corning another without sufficient cause
or excuse. they are legally malicious. and
whenever the natural tendency of the
publication is to impair the plaintiff $
reputation and the publication is not
privileged malice is implied from the
defamatory nature of the publication and
its falsity.
Tells What Is LibeIous.
Any untrue written printed publ
cation, the natural result of which is TO
bring ridicule or contempt upon IA person
is lioelous and the publication of words
of that character is considered the volun-
tary act OF the defendant and unless
privileged is presumed by law to have
proceeded from malicious motives When
however, a publication is privileged the
existence Of malice is not presumed and
in such cases the burden is on the plain
tiff to establish both the falsity Of the
charge and malice in it's publication.
THE natural result of the publication
of the charge We are considering was to
bring ridicule, contempt and disgrace
upon the plaintiff. and if untrue it was
plainly libelous and malice is con-
clusively presumed from Its publication
unless We may say 1t was prlvilesed.
THE plaintiff was formerly President
of the United States. At the time of the
publication he was a candidate for the
office OF the President of the United
States and the Defendant, by his plea,
claimed that, the plaintiff being such
candidate. and he. the defendant, being
the publisher of a newspaper. he was
privileged to comment upon the official
acts, character and conduct of the plain
tiff: that the publication was made in
good faith and with an honest purpose to
enlighten the public upon the character
and fitness of the plaintiff for the posi-
ton he sought. and that. therefore. the
publication was privileged
Scope of Publisher.
The publisher of newspaper may
freely discuss the fitness of person for
public office: he may lawfully communi-
cate to the public any fact within his
knowledge respecting the official acts
character conduct of the candidate.
and freely express his opinion on and his
differences from such facts. SO long as he
states as facts only the truth, and as
opinions and differences therefrom only
honest belief. To that extent the pub
Usher of newspaper is within his
privilege, and any candidate for public
office injured in his reputation or feel
] ngs by reason OF the publication of real
facts. and the publishers opinions there
on and differences therefrom. honestly
| and In good saith entertained. has no
l redress.
i But MichiYan has not vet granted to