The Daily Chieftain. (Vinita, Indian Terr.), Vol. 1, No. 171, Ed. 1 Wednesday, April 19, 1899 Page: 1 of 4
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CHIEF
PRICE 10c WEEK
VOL. 1 NO. 171.
V1NITA IN D. TER. WEDNESDAY EVENING. APRIL 19 1899.
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LIBEL SUIT CONCLUDED.
A Vindication in the Com-
munity's Estimation.-
The jury in The Chieftain $1000
libel suit returned averdictyeeter-
iday evening after being out about
three hours '.for the plaintiff in
the sum of five dollars just
1995 less than 'he was suing
for. We are of the opinion that
five dollars is an extortionate
price but have no quarrel with
either court or jury. Smith's sol-
dier money has probably changed
to tho hands of another Smith and
there has been a fulfillment doubt-
less of The Chieftain's predictions
in reporting the bringing of the
suit wliicb wan as follows; "It
may not be amiss to say that Mr.
Smith will know a whole lot more
about his standing in this commu-
nity and about tun laws of libel af-
ter tbi case is disposed of than be
appears m at tins writing."
The cas hay given the town five
days of rare entertainment arid is
piubabiy nuii.ii nil that it has cost
as it bas fixed the value of a cer-
tain kind of character and tested
the standard of good citizenship
maintained by a few of our Vinita
friends. . When a man expects to
cash his character the first requis-
ite should be to build an articl i
that would have at least some val-
ue. Character is the work of a
life-time and the man who has
reach"' middle age hn either mio-
epent his time and wasted his op-
portunities or he would certainly
have accumulated more than five
dollars worth of that titaple article.
Character is something that every
man must build tor himself and is
like a chain no stronger than its
weakest link. The way to be hap-
py is to be virtuous and virtue is
its own reward.
At a class there are no people
in the world so easy to get along
agreeably with as newspaper men
and no clacs that condoneand cov-
er over the frailties of ibeir friends
and neighbors as they do. The
man who hates and dreads and
fights the newspapers is nine
times out of ten a villain and
afraid his villainy will be exposed.
A:l couclums tbe wrma over nate
the newspapers as naturally as
the prowling burglar hates the
policeman's lantern and billy.
All corrupt political leaders fear
the newspapers and play the syco-
phant to gain their applause and
shield themselves from ignomini-
ous exposure. The good citizen
has nothing to fear from the news-
paper for it is his strong ally
m gainst every form uf public wrong
It is tbe lawless element that hate
the newspapers. The James and
. Yoongers in their day swore ven-
gance against the newspaper cor-
respondents and the newspapers
are instrumental in hunting down
more crimirals than all the police-
n.en oi ah tbe cities of tbe woild
AN IMPORTANT
LEGAL DOCUMENT
Judge Springer's Interpreta-
tion of the Law Prevail-
ing in Newspaper
" Libel in the In-
dian Territory.
If the amount of damages re
ceived by '"General" Sylvester
Smith from The Chieftain were
equally divided between the
plaintiff and bis three attorneys
the amount would be just a dollar
and a quarter each probably all
-iol' a& nt-.t:ert to....
; : . ..; .
G. k. Claweon has sold the
Cbelfta Reporter to man named
The judge begun hs instruc-
tions to the jury by reciting the
publication of the ten or twelve
line item in June. 1898 headed
"Rough Riders in Jail" by the
defendants ih Th Indian Chief-
tain. The features of the com-
plaint are detailed in which plain-
tiff asks $1000 (chiefly because of
the lasceration of bis finer sensi-
bilities.) The plea of the defense
is next set forth which was that
they published the item not with
malicious intent but through error
the occurrence described having
taken place at Tampa Florida;
that the substance ot the item was
published in the Kansas City
Woild. from' which souice and by
common report tbe information
was derived and that another per-
son of same sir name was a par-
ticipant. Further that the publi-
cation did not injure plaintiff;
that the item was corrected in the
succeeding issue etc. The court
continuing says:
Gentleuien of the jury: I have
staled briefly the issues presented
to you in the case nowpeuding.hav
iDg given you the substance oi the
complaint the alleged libelous ar
ticle published and tbe answer of
the defendants. Upon this case
and the issues thus joined the
court instructs you as follows:
1. That Jihel ig defined hv tbe
statute applicable in this jurisdic
tion.as follows:
"A libel is a malicious defama
tion expressed either by writing
printing or by signs or pictures or
the like tenuing to Diacxen me
memory of one who is dead or to
impeach tbe honesty integrity
veracity virtue or reputation
or to publish the natural defects
of one who is living and thereby
expose' him to public hatred con
tempt and ridicule."
2. I have thus stated from the
verv words of the statute what
kind ol a publication is a libel in
this jurisdiction and it is for you
gentlemen of the jury to say
wnelher.tne publication set fonii
in the plaintiff's complaint and
which I have read in your hear
ing falls within that definition
and as incidentally to that wheth-
er it is calculated to injure the
reputation of the plaintin.
3. You will see from the defini
tion of libol which I have given
vou that it is a malicious defama
tion. Malice in uttering false
statements may consist either in
direct intention to injure another
or in a reekl"ss disregard 'if bis
rigbia and the consequences which
may result to mm. impiua mal-
ice is. inferred from the falsity
of the charge or where
the words are actionable of
themselves. It is not necessary
to prove express malice " Malice
n this connection signifies the
absence of just cause or excuse
and wh re 'bn is n ju iuto
or excuse for tbe publication the
person who makes the publication
la responsible for the natural con-
sequences of bis act. It is a rule
that the right to damages follows
consequentially the publication of
words actionable in themselves
because the inevitable tendency
1 ct such words as to icjuro the per
son of whom they are spoken.
To coiiSiiiUle malice it in iot
necessary to ebow by direct pro'if
sn intention to injure the plaintiff.
If vou s'ifHiU fin! ftor-i the evi-
We have a Cloth
ing Store
Where Clothing is Sold Right.
Our three big special lines Schloss
Bros.' fine tailor made clothing for men
Henry Sonnebone & Co's. medium priced
clothing for men and Becker Mayei &
Co's. boys'-clothing. Three lines that
have no superior in their class in the Un-
ited States. We Would be pleased to show
you our clothing believing it to be the
the strongest line- ever shown in Vinita.
Our prices always please.
W. R. BADGETT.
forth in the complaint in this ac-
tion is a libel upon the character
of the plaintiff and if you should
determine tbat it is calculated
to injure the reputation ot the
plaintiff it will be your duty to
asneas ms damagb at suou sum as
you may find from all evidence in
the case he is entitled to recover
not exceeding the sum of $1000
the amount claimed in tbe com-
plaint. 4. As hearing upon the plain-
tiffs right to recover damages in
this case you will take into con-
sideration the previous reputation
of tbe- plaintiff and his conduct
toward his family and biB aesocia-
tions and the character of the
people he associated with and the
standing of tbe plaintiff in tbe
community in which he had lived.
It you find from the evidence in
this case that tbe plaintiff himself
aided in the circulation of tb
publication in question and that
by reason of the plaintiff's conduct
the publication was coramuincat-
ed to third persons then the plain-
tiff cannot recover damages for in
juries to his reputation in the es-
timation of such third persons as
may have derived their informa-
tion solely from bim.
5. If you believe from the evi-
dence in this case that the occur-
rence mentioned in the publication
in question actually took place
but that tbe pertsun named Smith
engaged n it wab rot the plaintiff
in this case and that upon discov-
ering this fact the defendants cor-
rected the error you will take this
tact into consideration in mitiga-
tion of damages in this case.
6. In order to entitle the plain-
tiff to recover in this case you must
b-liev from the evidLre tbnt his
reputation bus been injured by the
publication and you must also be-
lieve from the evidence that tbe
publication was false and malici-
ous and tbt the publication must
have tended to liapeacb tne repu-
tation or virtue of the plaintiff or
must have tended to charge him of
having been euilty of a crime. The
jury are to determine whether the
publication ir. qairMftn orsti"'?1
plaintiff and they are to determ-
ine the atr.Mir.t f.fdarosws if at'V
mwmmmmmm'
AND
g
n
in
At Gray's you will find a
pretty line of Percale shirt-
waists and Pique and Crash
dress skirts; also a beautiful
line of
MUSLIN ...
UNDERWEAR
and colored underskirts. We
can save you money if you
will see this line before mak-
ing your purchases."
Fresh Groceries. Orders
promptly delivered.
Telephone No. 19.
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Marrs, D. M. The Daily Chieftain. (Vinita, Indian Terr.), Vol. 1, No. 171, Ed. 1 Wednesday, April 19, 1899, newspaper, April 19, 1899; Vinita, Indian Territory. (https://gateway.okhistory.org/ark:/67531/metadc776662/m1/1/: accessed April 19, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.