Whitney v. Janesville Gazette
U.S. Circuit Court for the District of Western Wisconsin
This was an action of libel by William H. Whitney against the Janesville Gazette. The alleged libelous publication consisted of an article about three-fourths of a column in length, published in the issue of January 24. 1S71, and headed “A Desperate Assault on a Peaceable Citizen." It gave an account of an assault by the plaintiff upon one Tompkins, a jeweler in Janesville, in his store. The plaintiff entered by breaking the glass in the window.
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This was an action of libel by William H. Whitney against the Janesville Gazette. The alleged libelous publication consisted of an article about three-fourths of a column in length, published in the issue of January 24. 1S71, and headed “A Desperate Assault on a Peaceable Citizen." It gave an account of an assault by the plaintiff upon one Tompkins, a jeweler in Janesville, in his store. The plaintiff entered by breaking the glass in the window. The affair took place in one of the most prominent streets in Janesville, and created considerable excitement at the time. The plaintiff laid his…
1Opinion of the CourtDavis, Circuit Justice
(charging jury). This case has been tried with eminent ability, and it becomes the duty of the court before you pass upon it. to aid you, within legal rules, in reaching a proper conclusion. This action is for printed slander, which has always been regarded as a much higher offense than where the defamatory words were merely spoken. In written, or printed slander, the act is more deliberate than barely speaking the words, and the injury resulting from the publication more serious and mischievous. On this account, written or printed slander is punishable by indictment, as well as by civil…
2Cases cited21 opinions
- Commonwealth v. ClapMassachusetts Supreme Judicial Court · 1808
- Cooper v. GreeleyCourt for the Trial of Impeachments and Correction of Errors · 1845
- Shattuck v. MyersIndiana Supreme Court · 1859
- Torrey v. FieldSupreme Court of Vermont · 1838
- Steele v. SouthwickNew York Supreme Court · 1812
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