Storey v. Early

Citations

• 86 Ill. 461

Syllabus

<p>1. Libel — evidence in mitigation under general issue. In an action for libel or slander, when the defendant does not justify, he may mitigate damages in two ways only—by showing the general bad character of the plaintiff, and by showing any circumstances which tend to disprove malice, but do not tend to prove the truth of the charge. This qualification excludes, not only such circumstances as the law recognizes as competent evidence tending to prove the truth of the charge, but all circumstances which, in the popular mind, tend to cast suspicion of guilt upon the plaintiff.</p> <p>2. In an action for libel against the publisher of a newspaper for publishing a libelous article, the defendant may show under the general issue, in mitigation of damages, certain forged letters, purporting to have been written by reputable citizens to the defendant, charging the plaintiff in substance as in the lihelous article, whereby the defendant was imposed upon and induced to publish the article.</p> <p>3. Damages—depending on defendant’s wealth—proper elements of. In an action against the publisher of a journal for publishing a libelous article, of which the publisher is not the author, in fixing the amount of damages to be» awarded as compensation to the plaintiff for the injury received, the jury have no right to consider the wealth and standing of the defendant. The extent of the circulation of the newspaper, and its character and standing for fairness, justice, and truth, it seems, may be considered on such question. Bseese, J.</p>