77 Ga. 242 | Ga. | 1887
Pledger was found guilty of the offence of libel for writing and publishing in a newspaper printed in the city of Atlanta, called The Defiance, the following article of and concerning one George W. Adair, viz:
“ After the Honorable H. A. Rucker lost Ms position in the revenue service for no other reason than that he was a negro, he commenced the business of a confectioner, having purchased the business from a white man; and at the end of the month, when the rent was due, a philanthropist, Adair by name, who is a great friend of the negro, called upon him and informed him of his desire to keep him hemmed in for fear he might lose his civilization, and that to win it was not prudent that he should do business on that street. The consequence was that this young man had to sell out at a loss. Now, let colored*245 men, when they want to rent houses, go to Messrs. E. M. Roberts, or Scott, or to somebody else, and leave this old ‘ skunk ’ to himself to ‘stink himself to death.’ Don’t forget that it is Adair, the real estate agent.”
Upon being arraigned, lie demurred to the 'indictment, because the article set out in the indictment is not libelous, and the matter alleged therein, if written and published, did not tend to blacken the memory of one vpho is dead, or the honesty, virtue, integrity or reputation of George W. Adair, and thereby expose him to public hatred, contempt or ridicule. This demurrer was overruled, and Pledger excepted, and made a motion for new trial on the following grounds, which was likewise overruled.
(1), (2.) The first and second grounds allege error in overruling the demurrer.
(3.) Because “the court refused, upon the request of counsel in writing, to charge that, in all prosecutions or indictments for libels, the truth may be given in evidence; and did charge that if the same was given in evidence, they could nevertheless find the defendant guilty, the whole charge being adverse to this motion.” The presiding judge gave only a qualified approval to this ground.
(4.) Because “nothing said by Pledger in his motion for continuance can be construed or taken against him, and if so, it amounts to no more in law than admissions or confessions.”
(5.) Because “in the absence of proof of malice on the part of defendant against George W. Adair, the defendant cannot be legally convicted.”
(6.) Because “ the court refused to continue said case on account of the absence of W. 0. Moore, by whom the defendant expected to prove that, if such matter was written or published as charged, the same was furnished him as matter of news, occurring in the daily mutations incident to commercial transactions, and to rebut the idea of malice.”
(7.) The seventh ground is disapproved by the court and pronounced to be erroneous.
(9.) “ Because the court forced A. W. Burn ett, a witness subpoenaed upon the part of the State, who was indicted for the same offence, charged with publishing the identical words as alleged in the said indictment against said Pledger at the same term of the court and by the same grand jury, to testify in the said case as against said Pledger, who was then and there on trial, when the said Burnett declined in the presence of the court to so testify, because it tended to criminate himself, and sending said Burnett to jail until the next morning, and again placing Burnett upon the stand, and upon his again refusing to testify in said case for the same reasons given the day before, imposing a fine then and there upon said Burnett of fifty dollars, and also imprisoning him ten days in the common jail of said county unless he would abandon his privilege as a witness, who, because of said fine and imprisonment, did testify in said case because of the coercion aforesaid.”
(10,) (11.) Because the verdict is contrary to law, to evidence, to the weight of evidence, and is without evidence to support it.
Judgment affirmed.