Elliott v. Boyles
Supreme Court of Pennsylvania
Error to the Common Pleas of Somerset county. This was an action of slander, by Peter Boyles and Sarah C., his wife, against John Elliott. A narr. was filed, in which it was alleged that Elliott had charged that a man by the name of Cramer had had criminal intercourse with Mrs. Boyles, before her marriage with Boyles.
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Error to the Common Pleas of Somerset county. This was an action of slander, by Peter Boyles and Sarah C., his wife, against John Elliott. A narr. was filed, in which it was alleged that Elliott had charged that a man by the name of Cramer had had criminal intercourse with Mrs. Boyles, before her marriage with Boyles. An additional count was filed, by leave of the court, in which it was alleged the defendant said, “ If the dirty strumpet knew that I hold her future happiness or misery in my hands, she would keep her mouth shut.” The speaking of the words laid in the first count, was proved by…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
It is entirely natural that, in the public trial of causes, the earnestness of counsel should often become unduly intense; and it is not possible to prevent this, without such an attribution and exercise of power as would be entirely inconsistent with that freedom of thought that is necessary to all thorough investigation. The remedy for it is to be found rather in inner than in outer discipline.
• Those who are zealously seeking the truth cannot always be watchful to measure their demeanour and expressions, in accordance with the feelings, or…
2Cited by20 opinions
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- State v. ShockleyUtah Supreme Court · 1905
- Commonwealth v. VaranoSupreme Court of Pennsylvania · 1917
- United States v. StoehrDistrict Court, M.D. Pennsylvania · 1951
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