75 Neb. 804 | Neb. | 1906
We copy in full the petition in this case as follows: “The plaintiff above named complains of the defendant
“ ‘State of Nebraska, Cedar county, ss.: Emma Leise, being first duly sworn, deposes and says that she is 17
“ ‘Subscribed and sworn to before me this 24th day of October, 1902. J. F. Jenal, County Clerk. (Seal.)’
■“‘State of Nebraska, Cedar county, ss.: Frank W. Leise, being duly sworn, deposes and says that he is a resident of said county, Nebraska, and that he is the father of one Mary Leise; that on the afternoon of September 14, 1902, he was present at the funeral of one Henry Ferber, which took place in the city of Ponca, Dixon county, Nebraska; that on that occasion certain parties, whose names he desires to withhold, approached deponent for the purpose of advising him. to make a complaint against one J. J. McCarthy, to effect that J. J.. McCarthy had at some remote time in the past made a violent assault upon his said daughter, Mary Leise, with a view of outraging her. Deponent further states that the said parties, whose names he desires to withhold, said he should forthwith make complaint; that deponent refused to do so, stating that so far as his knowledge and information served him, based upon a conversation had with his said daughter Mary relative to the accusations intended to be incorporated into said proposed complaint, Mr. McCarthy was perfectly innocent of any wrong or misconduct toward his said daughter Mary, and that before he would be coerced into instigating or sanctioning such maliciously false and unjustifiable accusations he himself would suffer his entire estate to be used in the defense of the character of his own child and in the interest of justice and right. F. W. Leise.
“ ‘Subscribed in my presence and sworn to' before me this 24th day of October, 1902.
“‘J, F. Jenal, County Clerk. (Seal.)’,.
“ ‘Subscribed in my presence and sworn to before me this 20th day of October, 1902. W. W. Cooper, Notary Public. (Seal.)’
“That defendant meant by said article that the plaintiff was a blackmailer and that he was guilty of circulating false, malicious and blackmailing stories against the character of the said J. J. McCarthy named in said article.
“(2) That by means’of said false and defamatory pub
The answer consists of “(1) A general denial of all matters except such as are specifically admitted. (2) Admits the publication of the article, but denies that it was published falsely, wickedly, or maliciously, or with any intent to injure or defame the plaintiff; that the defendant was editor and publisher of the Hartington Herald, a newspaper printed and published at Hartington, Cedar county, in the third congressional district of the state of Nebraska; that at the time of publication a canvass for the election of a member of.congress from said district was in progress, and one J. J. McCarthy was-the regalar nominee of the republican party for said office; that the article was published within said district only in good faith, and without malice or ill will toward the plaintiff, and with the bona fide purpose of giving to the electors and interested people of the district what the defendant in good faith believed at the time to be truthful information concerning the character and fitness of said candidate, for the purpose of enabling the electors to more intelligently cast their ballots, and in defense of the character of said candidate in response to attacks made upon his character and fitness for said office; that defendant was an elector of said district and was at the time of the publication of said article actively supporting the candidacy of said J. J. McCarthy. (3) For a further defense it is alleged that in so far as the article referred to or applied to the plaintiff the same was in all respects true, and was published in good faith, without malice and with good motives with justifiable ends as stated in the second paragraph of the answer.” A reply in the nature of a general denial was filed to this answer.
Plaintiff on his own behalf testified that there was no other person in Ponca, Nebraska, by the name of T. J. Sheibley, and on cross-examination stated that he was
The heading of the alleged defamatory publication is as follows: “Blackmailers exposed. Fusionists circulate slanderous stories against McCarthy. Sworn affidavits of alleged injured party and ex-marshal McLean of Ponca vindicate McCarthy’s character.” That these headlines designate the parties circulating slanderous stories against McCarthy as blackmailers is clear, and if the headlines are to be taken in connection with the article itself it is certain that the publication is libelous per se in alleging that the
Because of the error of the court in taking the case from the jury, we recommend that the judgment of the district court be reversed and the cause remanded for further proceedings.
By the Court: For the reasons stated in the foregoing opinion, the judgment of the district court is reversed and the cause remanded for further proceedings.
Reversed.