9 Ala. 447 | Ala. | 1846
1. The first question on this record is, whether it was competent for the prosecution to show what was the decision of the eclesiastical tribunal on the evidence before it. It seems that the defendant introduced this evidence to prove the truth of the published words; but we are not inforifted by the reservation of this point, whether the court below admitted the proof as a matter of justification ; or whether it was considered proper in explanation of the quo animo, or in mitigation of (damages. It is only in the first connection that it is necessary now to consider the question ; because, if admitted in either of the two last mentioned aspects, it is very clear, the decision was as much a matter to be put before the jury as the charge itself, or the evidence in
2. Having shown, thAt prima facie, the published words are to be considered as a charge by the defendant, that the prosecutor had been guilty of fraud and lying, it rested with the defence to show the truth of the charge, or to divest the-
3. The only point remaining to be. examined is, whether evidence of violent, abrrsive and slanderous words, used by the prosecutor concerning the defendant, previous to the publication, and communicated about one month before that was made, was admissible under the circumstances of this case. The rule with respect to letting in evidence of this description, is well laid down in Maynard v. Beardsley, 7 Wend. 560, where it is said, slanderous publications by the plaintiff against the defendant may be shown, to extenuate the of-fence, provided there isa fair presumption that the libel charged was written in the heat of blood, and in consequence of the provocation. To the same effect is Child v. Homer, 13 Pick. 503. If, however, there is no connection between the libellous matter published, it is said such evidence ought not to be admitted, (May v. Brown, 3 B. & C. 113.) It is difficult to say, what precise length of time will operate to exclude such evidence, and it may be that time alone will furnish no aid in settling the rule ; but in the case before us, it
All the questions presented by the points referred, being thus decided, it only remains to add, that the judgment of the Circuit Court is affirmed.