OF LIBEL AND SLANDER IN CIVIL AND CRIMINAL CASES AS ADMINISTERED IN THE COURTS OF THE UNITED STATES BY MARTIN L. NEWELL, COUNSELOR AT LAW: AUTHOR OF "THE LAW OF MALICIOUS PROSECUTION AND FALSE IMPRISONMENT," UPON THE LAW OF EJECTMENT," ETC. 44 A TREATISE SECOND EDITION. CHICAGO: CALLAGHAN AND COMPANY. 1898. Entered according to Act of Congress, in the year eighteen hundred and ninety, by MARTIN L. NEWELL, In the office of the Librarian of Congress, at Washington, D. C. Entered according to Act of Congress, in the year eighteen hundred and ninety-eight, by MARTIN L. NEWELL, In the office of the Librarian of Congress, at Washington, D. C STATE JOURNAL PRINTING COMPANY, PRINTERS AND STEREOTYPERS, MADISON, WIS. PREFACE TO THE FIRST EDITION. In the preparation of this work it has been the design of the writer to glean from the reports of the courts of all English-speaking countries the principal adjudications upon the law of defamation, and to arrange and classify them into one book, containing the entire law of libel and slander as administered in the courts of the United States of America. In the work, it is hoped, will be found everything needed by the attorneys for the plaintiff as well as for the defendant in the prosecution and defense of all actions for defamation, both civil and criminal. With this object in view, the writer has placed in one chapter a brief historical review of the law, for the use of those members of the profession who take pride in knowing something of its history as well as of the law itself. Following this will be found chapters upon the American law of defamation, oral and written; imputation of crime; want of chastity; imputations affecting persons in offices, professions and trades; words imputing the existence of contagious diseases; scandalum magnatum, and the slander of property, or, as it is commonly called, slander of title. As there can be no defamation without publication, a chapter is devoted to the discussion of the law upon this subject. Following this will be found chapters upon certainty of imputation, construction of language, and interpretation of defamatory words, in which the writer has endeavored to present the law upon these subjects in a clear and intelligent manner. Further on, malice-both malice in law and malice in fact as applied in actions for defamation — is discussed and the law presented, with an additional chapter on the repetition of defamatory words. As the law governing parties to civil actions for defamation depends somewhat upon the local jurisdiction, but little more than a sketch of the doctrine at common law is presented. The subject of privileged occasion and communications, it is hoped, will be found fully and satisfactorily presented, as well as the law of criticism and comment and freedom of speech and liberty of the press. Although in many states the common-law system of pleading does not prevail, it must be conceded that it is the foundation of all codes. No member of the profession can be a successful pleader without some knowledge of the old system. The writer has therefore presented an analysis of the declaration at common law in the action for defamation with appropriate comments upon its component parts, illustrating the subject by a collection of precedents both under the common law and the modern English systems. In the chapter upon evidence the law has been given both as to the plaintiff's proofs under pleas of the general issue and justification in actions for words actionable with and without proof of special damage, as well as the defendant's proof in all cases. Upon the subject of damages will be found a full and exhaustive treatise, including general, nominal and exemplary damages, together with matters both competent in mitigation and aggravation of damages, and excessive damages. In the criminal department of the law of defamation the writer has aimed to present a complete and exhaustive discussion of the subject in all its bearings, together with precedents of indictments and informations. In the plan of the work he has endeavored to present in all cases the general rules and propositions of the law, and to illustrate the same by digests of American and English cases where the subject of the text has been applied or adjudicated upon. MARTIN L. NEWELL. Chicago, 1890. PREFACE TO THE SECOND EDITION. The general favor with which the first edition of this work has been received by the profession throughout the country has been deemed sufficient to warrant the author in the preparation of a second edition. In the new edition the principal decisions of the American and English courts upon the questions involved, rendered since the publication of the first edition, are cited in support of the text. New sections have been added, treating upon the subject of restraining the publication of libels by injunction, with citations of, and extracts from, all the American and English decisions upon this question. The question of new trials for inadequacy of damages is also discussed. New sections upon the publication of libels by letters, telegrams, postal cards, etc., are also added to this edition of the work. Springfield, Ill., November 1, 1897. M. L. NEWELL. |