Summary
In State v. McIntire, 115 N.C. 769, 20 S.E. 721, it is stated: "Giving letter containing matter defamatory of another to a clerk to copy, which he does, is a publication."
Summary of this case from Rickbeil v. Grafton Deaconess HospitalOpinion
(September Term, 1894.)
Indictment for Libel — Publication.
Where one in this State wrote a libelous letter and procured another in this State to copy, read and mail it to the prosecutor in another State: Held, that it was a publication in this State of the libelous letter.
INDICTMENT for libel, tried before Jones, J., at May Term, 1894, of BUNCOMBE.
At the close of the evidence for the State, defendant stated (771) that the only ground upon which he resisted a verdict of guilty was that there was no evidence, or not sufficient evidence, of publication in this State to justify a verdict of guilty, and asked the Court, in writing, to give the following instruction to the jury:
"The defendant asks the court to charge the jury that, taking the evidence of the State as true, there is no evidence, or not sufficient evidence, of a publication by the defendant of the libelous matter alleged in this State to justify a verdict of guilty."
The court declined to give the instruction prayed for. Exception by defendant.
The court then charged the jury that, if they believed the evidence for the State, there was a publication; and the defendant having admitted all the other ingredients of libel, they should return a verdict of guilty. Exception by the defendant.
The jury returned a verdict of guilty, and defendant appealed.
Attorney-General for the State.
H. C. Carter for defendant.
The only question before this Court is, whether there was any evidence of the publication of the libelous letter in this State. Richard Knebler testified, on behalf of the State, as (772) follows:
"The defendant told me to mail the letter. I addressed it to the Armour Packing Company, Kansas City, Mo., and mailed it here at the postoffice. I read the letter over to him after I wrote it for him to see if it was all right. I copied it from a letter he had written. . . . I sealed it and put it in the postoffice."
It appears that the letter reached the company to which it was addressed, and was afterwards brought to Asheville and read there by several persons. These last-mentioned facts, however, do not seem to be necessary to be considered, as it is settled by reason, as well as authority, that according to Knebler's testimony the letter was published in this State.
"Publication in the law of libel is the communication of the defamatory matter to some third person or persons." Odgers Libel and S., 150. In this case the contents of the letter were communicated to Knebler, a third person, and that this was a sufficient publication is apparent from the authorities. Odgers, supra, 151; Newell on Defamation and Slander, 229.
In Delacrox v. Thevenot, 2 Stark, 63, the defendant knew that the plaintiff's letters were always opened by his clerk in the morning, and yet sent a libelous letter addressed to the plaintiff, which was opened by the plaintiff's clerk and lawfully read in the usual course of business. It was held a publication by the defendant to the plaintiff's clerk.
In Snyder v. Andrews, 6 Barbour, 43, the defendant wrote a letter to the plaintiff himself, but read it to a friend before posting it. It was held a publication. See also McCombs v. Tuttle, 5 Black. (Ind.), 431.
In Keene v. Ruff, 1 Clarke (Iowa), 482, the defendant before posting the letter to the plaintiff, had copied it. It was held a publication by the defendant to his own clerk who copied it.
We think these authorities are decisive of the case.
No error.
(773)