The Bridgeport times and evening farmer., 1919-09-08
Charge Of Judge Tucker As
 Given to Jury In Ford Suit.

ency Of the particular publication
 complained of, would be an injury to
 the feelings of the plaintiff. If you
 find that the natural consequence
 would be an injury to the feelings,
 you may take that into consideration,
 and allow such damages for it as in
 your Judgment, under the circum- stances, would be compensatory.
 Outside of these matters. there are
 certain things which come up in cases which at times rsnd to increase the damages or tend to diminish the damages. Now, for instance if an act
 is done which causes an injury and it
 is done without any actual intent to
 harm anybody, the party who com
 mits the act may possibly not be
 liable. But a libel may be published without any intention to harm a man and yet would still be a libel If 1t
 was done without any actual ilI-will
 or any actual malevolence, the dam
 ages to the feelings of the person of and concerning whom the pUbIica- ton was made would not be as much
 as if it was done through a mean mo-
 tive, an actual hatred. personal ill.,
 will, deliberate intent to maliciously injure the party. In other words a
 mans feelings more than an uninten- tional injury. That is the idea.
 Some things may be taken into
 consideration in mitigating damages.
 If a party who published a libel
 should be acting in good faith, doing
 what he thought was right under the
 circumstances, acting honestly-and
 a libel might be published in that
 way-the jury should take that good
 faith into consideration in mitigating. lessening or diminishing the damage
 that would be awarded, and you might consider that such good faith should go far enough to reduce the damages to a mere nominal sum, if
 that is your honest belief.
 Unless you find that the Tribune Company, in writing and publishing the editorial complained of acted from motives of actual malevolence, the damages which may be awarded will be limited to the minimum dam | ages which you may find must have | been the inevitable consequence of | the publication.
 One element of damage which | plaintiff might recover Cif you should | find for the plaintiff) is for injury to i the feelings of the plaintiff by reason | of the publication of this editorial l l | persons feelings will be greater when | the publication was made from ma | lice as have defined that form and described 1t to you. If, therefore, you should find that the Tribune l Company, in publishing the editorial,
 was aCtuated by such malice, 1t would | then be for you to determine in your | fair and deliberate judgment and dis l cretion whether plaintiffs feelings were in fact more greatly hurt be 1 cause of the motive actuating de- ! fendant.
 The weight of all testimony offered
 Is solely for your consideration. You
 will give to the testimony of each i and every witness in the case just ' such weight as you are satisfied it is | entitled to. The testimony of one may 1 outweigh the testimony of half a | dozen if you believe the one Is truth | full and the others are either care | less, untruthful or mistaken. In other | words, gentlemen, the truth is what l you are trying to get at, and when | you find the truth, anchor to 1t and 1 you have done your whole duty, and | when you find the truth, anchor to ! it.
 You may also take into account, in | weighing the testimony of any wit | ness, his or her interest in the result | of the litigation. if any.
 l I charge you that the editorial sued upon is not ambiguous, and defend 1 ant newspaper must be held to have | intended the meaning that its words
 as a whole obviously conveyed to its ] readers. l I charge you that the defendant | newspaper has pleaded the defense of l general justification; that therefore it | is required to prove the charge is true | as alleged in the editorial. and not | otherwise.
 | The testimony also is conclusive ! that the editorial as a whole was duly | considered before 1t was published, | and that all that was alleged in it
 was alleged with full appreciation of
 the fact that it did charge MT. Ford