Dexter v. Harrison

Citations

• 146 Ill. 169
• 34 N.E. 46

Syllabus

<p>lo Evidence—whether a statement of fact, or a conclusion of the witness. On the trial of an action for slander a witness was called, and testified to the slanderous words. In reply to the question, “Was the name of the plaintiff mentioned,” he said, “My impression is that it was mentioned.” In answer to a further question he said, “I will not state,—certainly, I knew he was talking about her.” The witness, after giving the conversation between the defendant and himself when they first, met, about another matter, stated that the conversation then turned upon the plaintiff: Held, that this was not merely stating a conclusion of the witness, but a statement of a fact he knew.</p> <p>2. On a trial for slander it is competent for a witness testifying to the slanderous words, to state that he understood, from the language-used by the defendant, that he was speaking of the plaintiff.</p> <p>3. Same—in an action for slander—admitting evidence of disorderly conduct. On the trial of an action for slander by a divorced wife against her former husband, for words imputing a want of chastity, a sister of the plaintiff was allowed to testify as to the persons composing the family of plaintiff; that the father and brother were dead; that the defendant had insulted her brother, and that defendant on various occasions had been guilty of disorderly conduct by “calling out” to her and the plaintiff in the street: Held, that the evidence was incompetent and improper, it not falling within the rule allowing proof of a repetition of the slanderous words.</p> <p>4. Same—cross-examination. Where a witness testified to a conversation with the defendant, in which the latter spoke slanderous words of the plaintiff, it is proper, on cross-examination, for the defendant to ask the witness if he had any conversation with the plaintiff in reference to the conversation testified to by him, but the refusal of such question is not such prejudicial error as to call for a reversal.</p>