Patton v. Cruce

• Decision Date: 07 May 1904
• Parties: PATTON v. CRUCE.
• Court: Arkansas Supreme Court

Page 380

81 S.W. 380

PATTON v. CRUCE.

Supreme Court of Arkansas.

May 7, 1904.

Appeal from Circuit Court, Conway County; William L. Moose, Judge.

Action by John Patton against C. E. Cruce. From a judgment for defendant, plaintiff appeals. Reversed.

The plaintiff, John Patton, and the defendant, C. E. Cruce, live in the town of Morrilton. The defendant is the editor of a weekly newspaper, the Morrilton Democrat, published in that town. In the fall of 1899 there was published in this paper the following aphorism, to wit: "A person never makes anything by deserting his friends and lying down with his enemies." The plaintiff, Patton, on account of some disagreement he had with Cruce, understood this as having reference to him, and he had published in the Headlight, a paper published in the same town, an article which he intended as a reply to the remark of Cruce, and in which he said that "a man never makes anything by being a chronic kicker, ready to jump on everything in sight that does not suit him, and has for his motto, `What's in it for me?'" In this article the defendant was referred to as "a lying reprobate," though his name was not mentioned; but plaintiff afterwards, in a conversation with the defendant, disclaimed having written those last words, stating that they were probably inserted by the editor, but he made no public retraction of them. It is not shown that the defendant made any reply to this article, but in the following spring Patton was elected mayor of Morrilton. Shortly afterwards, hearing that the defendant had made some disparaging remarks about the firm of which he was a member, he withdrew his subscription to the paper of defendant, and told him to stop sending it. This action of Patton called forth the following, which Cruce published in his paper, to wit: "Now is the cup of our sorrow full, and our tears copious. The mayor of Morrilton has discontinued his subscription to the Democrat. It is tough, and we acknowledge it. If we do not survive the shock, we will go into bankruptcy. Meanwhile you might read up on the laws, as you might be appointed receiver to inherit the ill will a lot of soreheads of this city have for the Democrat." This is made the basis of the first count in the complaint, it being alleged that thereby defendant intended to charge that plaintiff was "a sorehead, a chronic grumbler, and disgruntled in politics," and that the intent and effect of the damage was to bring plaintiff into ridicule, to his damage in the sum of $1,000. The second count charges that on the 10th of August, 1900, the defendant published of and about the plaintiff the following language: "John Patton, who is mayor, announces in last week's Headlight that he will in the near future launch a first-class weekly newspaper in this city to fill `the long-felt want, and that it will have a larger circulation than "Weekly Bunghole Sucker."' * * * He does not state whether or not he will backbite his friends and lay down with his enemies, or even whether he will tell secrets out of the lodge. There are many things he left off his prospectus that the public is intensely interested in, but then he is a rather peculiar individual who can change friends and issues upon very short order." It was alleged that defendant intended by this language to falsely accuse plaintiff of being a secret slanderer and scandal monger, with betraying lodge secrets, and of betraying his friends, to the further damage of plaintiff in the sum of $1,000. On the 31st of August, 1900, the plaintiff published in the Headlight the following article: "The mayor, who is John Patton, is in constant dread that some `big' man will visit our city, and not give him an opportunity to grow a beard and have a genuine dignified appearance. No doubt he is aware that nature was only lavish to him in one respect. She endowed him with brains, for at least enough to fill any position that he has held up to date with satisfaction to those who are his friends. However, we feel that, should the necessity arise, there is one individual in Morrilton who could be appointed a committee of one to entertain our long looked for visitors, and when the rotund and Falstaff-like form, accompanied by his dignified and classic appearance, is taken into consideration, the small matter of brains will be overlooked." The individual referred as having "the rotund and Falstaff-like form" was the defendant, Cruce, who, on the 7th of September following replied as follows: "September, 1900. The Headlight has made a wonderful discovery. It has discovered that John Patton, who is mayor, has brains. Now let the public watch developments." This publication by Cruce is made the basis of the third count in...