Calloway v. Middleton

The Chief Justice

delivered the opinion of the court.

This was an action brought by Middleton and wife against Calloway for uttering and publishing slanderous words, importing a charge that Mrs. Middleton had, before her marriage, had a mulatto child. Calloway pleaded not guilty, and justified, on the ground that the words were true.

On the trial of the cause, the plaintiffs proved, by two witnesses, that Calloway had said there was an old report in circulation in the neighborhood, when he came there, that Mrs. Middleton had bad a mulatto child before she was married, and that she was the mother…