Had a Right to Publish Church Proceedings
January 17, 1903
Summary
The case against John Mitchell, Jr. for his publication of church proceedings is “virtually laughed out of court.” He is ordered to pay a fine of one cent.
Transcription
Had a Right to Publish Church Proceedings.
Such Matter is privileged.
So Ruled Judge Minor.
Mitchell to Pay One Cent. Williams to Pay The Costs.
The Case Virtually “Laughed out of Court.” The End of the Comedy. The Testimony of the Witnesses.
Brilliant Array of Counsel— Fifth St. Baptist Church Vindicated- A Veritable Waterloo for the Plaintiff.
His Honor’s Introductions
1.If the jury believe from the evidence that the plaintiff wrote and presented the paper asking the deacons to call the meeting of the church mentioned in the declaration, the defendant had a right to make any statement in reply reflecting upon the plaintiff’s conduct in writing and presenting said paper, or in attempting to have the defendant excluded from the First Baptist Church: provided, first, that the defendant honestly believed it to be true; and second, that he made such publications without malice, in reasonable-self defense, or in the reasonable protection of his own interests, and that he did not lay hold of the occasion as a mere color or exclude for gratifying his private malice with impunity, but had honestly and reasonably acted in the performance of a duty or in the protection of his own interests; and that he had a right to continue such retort as long as the plaintiff may have continued any attempt to prevent the defendant from being received back into the First Baptist Church, or as long as he took any part in attempting to have him turned out of the Fifth St. Baptist Church. And if you believe that the defendant made the publications complained of under such circumstances and for such a purpose, you must find for the defendant.
2.The jury are also instructed that the law places the burden upon the plaintiff, Williams to show that the defendant Mitchell, used the occasion as a mere color or excuse “for gratifying his private malice with impunity, and did honestly and reasonably act in the performance of a duty or in the protection of his own interests.
3.The court instructs the jury, that no one has the right, even in defending himself, wantonly and unnecessarily to insult or injure another, and should the jury believe from the evidence in this case that the defendant made the publications complained of in the case, that they were untrue, that the words contained in the said publications, from their usual construction and common acceptation are construed as insults and tend to violence and a breach of the peace; that the said publications contained language which was not justified by the circumstances and which was unnecessarily insulting, so as to amount to an abuse of the defendant’s privilege of protecting himself, or were made maliciously and willfully with intent to insure the plaintiff and not merely for reasonable defense of defendant’s character or interests, then they should find for the plaintiff...
Such Matter is privileged.
So Ruled Judge Minor.
Mitchell to Pay One Cent. Williams to Pay The Costs.
The Case Virtually “Laughed out of Court.” The End of the Comedy. The Testimony of the Witnesses.
Brilliant Array of Counsel— Fifth St. Baptist Church Vindicated- A Veritable Waterloo for the Plaintiff.
His Honor’s Introductions
1.If the jury believe from the evidence that the plaintiff wrote and presented the paper asking the deacons to call the meeting of the church mentioned in the declaration, the defendant had a right to make any statement in reply reflecting upon the plaintiff’s conduct in writing and presenting said paper, or in attempting to have the defendant excluded from the First Baptist Church: provided, first, that the defendant honestly believed it to be true; and second, that he made such publications without malice, in reasonable-self defense, or in the reasonable protection of his own interests, and that he did not lay hold of the occasion as a mere color or exclude for gratifying his private malice with impunity, but had honestly and reasonably acted in the performance of a duty or in the protection of his own interests; and that he had a right to continue such retort as long as the plaintiff may have continued any attempt to prevent the defendant from being received back into the First Baptist Church, or as long as he took any part in attempting to have him turned out of the Fifth St. Baptist Church. And if you believe that the defendant made the publications complained of under such circumstances and for such a purpose, you must find for the defendant.
2.The jury are also instructed that the law places the burden upon the plaintiff, Williams to show that the defendant Mitchell, used the occasion as a mere color or excuse “for gratifying his private malice with impunity, and did honestly and reasonably act in the performance of a duty or in the protection of his own interests.
3.The court instructs the jury, that no one has the right, even in defending himself, wantonly and unnecessarily to insult or injure another, and should the jury believe from the evidence in this case that the defendant made the publications complained of in the case, that they were untrue, that the words contained in the said publications, from their usual construction and common acceptation are construed as insults and tend to violence and a breach of the peace; that the said publications contained language which was not justified by the circumstances and which was unnecessarily insulting, so as to amount to an abuse of the defendant’s privilege of protecting himself, or were made maliciously and willfully with intent to insure the plaintiff and not merely for reasonable defense of defendant’s character or interests, then they should find for the plaintiff...
About this article
Source
Location on Page
Upper Left Quadrant
Topic
Contributed By
Rose Williams
Citation
“Had a Right to Publish Church Proceedings,” Black Virginia: The Richmond Planet, 1894-1909, accessed May 12, 2025, https://blackvirginia.richmond.edu/items/show/190.