179 Iowa 50 | Iowa | 1917
I. The defendant is a corporation engaged in publishing a daily newspaper in the city of Cedar Rapids. In an issue of its paper on or about June 26, 1910, it published the following:
“was this woman resident oe c. r.?
‘'SAPI-IRONIE LEBEAU ’ ARRESTED ON WHITE SLAVERY CHARGE.
“Story circulated that woman arrested in Chicago is Local Actress with Same Name, and who has appeared at Local Theatres.
“The Chicago Tribune of last Sunday contained the following item:
.“ ‘Two persons1, a woman and a man, yesterday faced charges of bringing girls to Chicago for immoral purposes.
“Mrs. Saphronie Lebeau, 2002 Wabash Avenue, charged with having brought Miss Adrienne Gringes, 18 years old, from Canada, was arrested by Federal authorities and arraigned before -United States Commissioner Mark A. Foote. Her ease was set for hearing June 24th and she was released on $1,000 cash bail. Battisti Pizzi was sentenced to one year in the house óf Walker for placing Ethel Archbold, a New York girl, in a resort at 407 South Clark Street. Both cases resulted from the fight headed by Clifford G. Roe against the traffic in girls in Chicago.
“is it a cedar rapids woman?
‘ ‘ There is a ■ persistent rumor about the city that the woman mentioned above is Saphronie Lebeau, a stock com
On the next day after the publication of this article, the defendant published the following retraction:
“LE BEAU is NOT MRS. RODDY.
“similarity oe names led to unfortunate error.
‘ ‘ Cedar Rapids woman has not been in Chicago — Her stage name is LaBeau not Lebeau.
“Mrs. Roddy of this city who was referred-to in an article in the Gazette yesterday in connection with an arrest in Chicago does not use the name Lebeau as her stage name. Mrs. Roddy’s stage name is La Beau. Mrs. Roddy has also been in Cedar Rapids' continuously and therefore could not have been placed under arrest in Chicago for any real or alleged crime. Mrs. Roddy has been taking care' of her mother who was injured in an accident some time ago; she has numerous friends in this city, where she has appeared as an actress of ability, and which has always been her home. The similarity of names led to. an unfortunate inference, though the Gazette stated if there were two persons of the same name the rumor is unjust to the Cedar Rapids woman. It is needless to say that the Gazette had not the-slightest
Notwithstanding, this action was commenced, with the result heretofore indicated. The trial was a long one, and 41 errors are assigned. We shall not notice all of these assignments, as to do so would accomplish no useful purpose. The main points relied upon relate to rulings on the admission and rejection of testimony, to the'instructions given and refused, the sufficiency of the testimony to support the verdiet, and the excessive nature of the verdict.
“mrs. lebeau slandered.
“a cedar rapids paper makes a erigi-iteul
blunder.
“Connects Saphronia Lebeau of this City with a notorious woman arrested in Chicago.
“A serious injustice has been done by a local paper in connecting Mrs. Saphronia Lebeau of this city with an arrest for ‘White Slavery’ in Chicago. This paper has been asked to make statement for Mrs. Lebeau, and are consenting gladly and gladly does so, for it is always a serious matter to rob a woman of her good name.
“The Gazette stated there was a ‘persistent rumor’ to the effect that a Chicago woman with a slightly different name was the same as the Cedar Rapids woman. It was also stated that she had been in the city on Monday and Tuesday, but that ‘previous to that time had been absent from the city for some time,’ thus malting it possible to connect the two women.
“As a matter of fact Mrs. Lebeau has not been absent from the city ‘previous to that;’ she has been continuously in the city attending an invalid mother. That has been her
“ Q- Yo11 may state whether or not the discussions that you heard with friends and with outsiders indicated a belief in the minds of the outsiders so discussing the subject, in the truth of the statements made by the Gazette? (Objected to by defendant as incompetent, and calling for the conclusion and opin- ' ion of the witness, and irrelevant and immaterial. Overruled. Defendant excepts.) A. There was a strong suspicion. (Defendant moves to strike out the answer as not responsive. The Court: You can’t do that. The plaintiff states that they adopted it as responsive. The Court: Motion overruled. Defendant excepts.) ’ ’
We are of opinion that the objection to the question should have been sustained. At any rate the witness’s answer should have been stricken out.
9. Trial : mstrucauisiies andrsüf fusedCanac£?ist?on:nifbeiSandC" slander. VIII. There is some confusion in the instructions regarding the nature of the alleged libel. In one, the court said that the Chicago Tribune article did not accuse plaintiff with the commission of a crime, and that the Glazette published this with nothing more than a comment upon whether or not plaintiff was the woman who was arrested; but same instruction the court left it to the jury to say whether or not the defendant intended to charge that plaintiff was, in fact, guilty of the offense, saying that, if the jury found this was the defendant’s intent, then it would be guilty of libel, and plaintiff would be entitled to damages. Nothing is said about whether the statement that
For the errors pointed out, the judgment must be, and it is, reversed, and the cause remanded for another trial. — ■ Reversed and remanded.