Clay v. People of State
| Decision Date | 30 September 1877 |
| Citation | 86 Ill. 147,1877 WL 9681 |
| Parties | CASSIUS M. CLAYv.THE PEOPLE OF THE STATE OF ILLINOIS. |
| Court | Illinois Supreme Court |
WRIT OF ERROR to the Circuit Court of Livingston County; the Hon. N. J. PILLSBURY, Judge, presiding.
This was an indictment against Cassius M. Clay for a libel. The indictment, omitting formal parts, was as follows:
“That Cassius M. Clay * * * unlawfully and maliciously contriving and intending to villify and defame one Amanda Masters and Etta Masters, and to bring them into public scandal and disgrace, and to injure and aggrieve them, the said Amanda Masters and Etta Masters, unlawfully, maliciously, and willfully did compose and publish, and cause and procure to be composed and published, a certain false, scandalous, and malicious and defamatory libel of and concerning them, the said Amanda Masters and Etta Masters, and caused and procured the said false and scandalous, malicious, and defamatory libel to be printed in a certain newspaper, called the ‘ Streator Pioneer,’ in the town of Streator, in La Salle county, State aforesaid, with intent to circulate and publish, and afterwards did circulate and publish, the said false, malicious, and defamatory libel of and concerning the said Amanda Masters and Etta Masters, so printed as aforesaid in said county of Livingston, which false, scandalous, malicious, and defamatory libel of and concerning the said Amanda Masters and Etta Masters, so printed, circulated, and published in said county of Livingston, is as follows:
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In re Simmons
...to publish it, and without any effort to restrain their so doing.’ In the two cases involving criminal libel, which we have found, Clay v. People, 86 Ill. 147, and State v. Osborn, 54 Kan. 473, 38 P. 572, the same rule of responsibility for publication was approved. In the latter case the c......
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...resulting from its voluntary repetition. See 126 Mass. 329; 31 N.E. 656; 154 Mass. 238; 18 N.H. 115; 16 N.E. 553. In the case of The State v. Clay, 86 Ill. 147, the court has gone the fullest extent of the law. In that case Clay made some statements to a reporter derogatory to the character......