97 Ind. 430 | Ind. | 1884
It is an indictable criminal offence for a man to make an indecent exposure of his person in a public place and in the presence of other persons, and such an of-fence is punishable by imprisonment. Ardery v. State, 56 Ind. 328. Where the defendant utters words charging the plaintiff with an indictable offence punishable by imprisonment, the words are, as a general rule, deemed slanderous
It is not necessary that the words uttered should be such as describe the offence imputed by them with technical accuracy. Wilson v. McCrory, 86 Ind. 170. It is, howeverl necessary that the words uttered should be such as convey to the minds of the hearers an imputation of a crime. If th$ words used are such as produce upon the minds of those who hear them an impression that the plaintiff was guilty of a crime, they are actionable, although they may not fully describe an offence. Drummond v. Leslie, 5 Blackf. 453. If the words taken altogether are such as in their popular or ordinary signification charge a crime, then they are slanderous per se. Morgan v. Livingston, 2 Rich. 573; Cass v. Anderson, 33 Vt. 182; Colman v. Godwin, 3 Dougl. 90 (2 B. & Cr. 285). Where the words used have a provincial meaning, and it is that meaning that gives the words the force and effect of charging a crime, then that provincial meaning must be averred as a traversable fact. Stucker v. Davis, 8 Blackf. 414; Harper v. Delp, 3 Ind. 225; Dodge v. Lacey, 2 Ind. 212; Rodebaugh v. Hollingsworth, 6 Ind. 339; Jones v. Diver, 22 Ind. 184; Odgers Libel and Slan. 110. An innuendo can. not change the ordinary meaning of language, and if the language used is not susceptible of the 'meaning ascribed to it, the pleading is not aided by the statements of the innuendo. Hays v. Mitchell, 7 Blackf. 117; Miles v. VanHorn, 17 Ind. 245; Ward v. Colyhan, 30 Ind. 395; Hart v. Coy,
There is no allegation in the complaint before us that the words had a provincial meaning, and as the meaning of the words can not be changed by innuendo, the complaint must be adjudged bad, unless the words can be held to bear the meaning ascribed to them by the pleader. In determining what meaning the words alleged to constitute a slanderous charge shall have, it is proper to consider the entire statement, and not merely detached parts of it, and it is also proper to consider the circumstances under which they were uttered. Townshend Sian, and Libel, 181,186. The question is, not what meaning the defendant intended to convey, but what meaning did the words, taken as a whole and considered with reference to the transaction of which they were spoken, convey to the minds of those who heard them ? Odgers Libel and Slan. 93, 99; Branstetter v. Dorrough, 81 Ind. 527. The defamatory words alleged to have been spoken by the defendant are thus set forth : “ I saw something I never saw before; I saw a drunken Quaker; it was Jenkins, Jane Cox’s son-in-law (meaning this plaintiff, who is a son-in-law of Jane Cox, and who is called a Quaker); he (the plaintiff meaning) was down at Marcus Mote’s mill (meaning Marcus Mote’s mill in Smarts-burg, Montgomery county, Indiana, and is a public place), and was drunk; there were two women in the wagon, and he (plaintiff meaning) took his old root out and pissed be|fore the women (meaning that plaintiff took out his penis land did then and there urinate in the presence of the women and did make an indecent exposure of his person.) ” Taking all the language used into consideration, we think that it ÍCharges the commission of an act of public indecency by an indecent exposure of the person. It is true that the word “ root ” does not signify the male organ of generation, but when this word is considered in connection with the words with which it is associated, it is plain that the meaning conveyed to the hearers was, that an indecent exposure of a pri
The general rule is that a cross-examination must be confined to the subject-matter of the direct examination, but this rule does not apply where questions are propounded for the purpose of laying the foundation for an impeachment of the credibility of the witness. A witness may be impeached upon matters directly connected with the subject-matter of the action, but not upon collateral matters. The question before us in this instance is whether the matters upon which questions were asked on cross-examination were collateral to the subject of the action, for, if they were, then an error was committed in allowing the questions on cross-examination; if they were upon matters not collateral, then the ruling of the trial court was right. The answer of the appellant was in a single paragraph, and justified the charge made by the appellant, on the ground that the charge was true. Appellant was called as a witness, and on his direct examination testified to matters tending to establish his answer, and also testified that he did not charge the appellee with the offence of public indecency,
The answer presented a single issue, and that issue was whether the charge embodied in the words of the appellant was or was not true, but the subject-matter of the action was the slanderous utterances. The jury had before them the whole controversy, for they could not intelligently award a compensation without considering the entire subject, which was before them by the pleadings, and borne upon in a material degree by appellant’s testimony in the direct examination. In technical exactness, the issue was whether the charge was true, for the utterance of the slanderous words was admitted ; so that in strictness it can not be said that the evidence was directly addressed to the issue, but although not in strictness directly addressed to the issue, it was directly and materially connected with the subject-matter of the action, and was relevant to the case; it did, in truth, constitute a most material part of the case. We are unable to perceive how a matter materially and directly connected with the subject-matter of the action, and relevant to the case, can-be said to be collateral. We understand the rule to be that a distine
The effect of proving contradictory statements extends no
The Supreme Court of New York, in Greenfield v. People, 13 Hun, 242, approved the rule as we have stated it, and said: “ It is further objected, however, by counsel for the plaintiff in error, that in some instances the matters in respect to which evidence of contradictory statements was received, were elicited on the cross-examination of the witnesses sought to be contradicted, and not on their examination in chief. Such was the fact, but we do not understand that any rule of evidence was violated thereby, the matters as to which the witnesses were contradicted being pertinent to the issue.” The statement of the rule is made by an elementary writer in these words: “ It is not necessary, in order to introduce such contradictory evidence, that it should contradict statements made by the witness in his examination in chief. Ordinarily the process is to ask the witness on cross-examination whether on a former occasion he did not make a statement conflicting with that made by him on his examination in chief. But the conflict may take place as to matters originating in the cross-examination; and then, if such matters
In technical strictness, the term “ issue,” when used with reference to pleadings, signifies the disputed point or question. Stephen PI. 25. In a case like this, where there is a plea of justification, averring the truth of the charge, there is but a single issue, and to the issue thus joined the evidence must be relevant. By the term “ relevant ” we do not mean that the evidence shall be addressed with positive directness to the disputed point, but we mean evidence which, according to the common course of events, “ either taken by itself or in connection with other facts, proves or renders probable the past, present, or future existence or non-existence of the other.” Stephen Ev., art. 1; Best Principles of Ev. 257, n. It is not necessary that the fact offered in evidence should bear immediately and directly on the main dispute, for, to again quote from Stephen, “Facts which, though notin issue, are so connected with a fact in issue as to form part of the same transaction or subject-matter, are relevant to the fact with which they are so connected.” Stephen Ev., art. 3. Wharton says: “ Relevancy is that which conduces to the proof of a pertinent hypothesis.” 1 Whart. Ev., section 20. In the case before us, the testimony of the appellant as to facts tending to establish the truth of his charge was a relevant fact, and evi
. There must be contradiction between the statements alleged to have been made out of court and those made on the witness stand, but the degree of contradiction does not determine the competency of the impeaching testimony, however much that consideration may affect its potency. In Tinklepaugh v. Rounds, 24 Minn. 298, the court said: “The. admissibility of the discrediting testimony does not depend on the degree of variance between it and the subsequent testimony. If it differs in any material particular it is for the jury to determine what effect such difference in statements shall have on the witness’ credit.” It is easy to perceive that accounts of the same transaction given to persons out of court might exert a potent influence upon testimony given to establish the truth of a statement founded upon that same transaction. If the accounts of the same transaction did not agree, then the inconsistency or contradiction would be matter for the jury to consider in determining whether the plea of justification was or was not sustained. If there were distinct