Gerlach v. Gruett

• Decision Date: 15 November 1921
• Citation: 175 Wis. 354,185 N.W. 195
• Parties: GERLACH v. GRUETT.
• Court: Wisconsin Supreme Court

175 Wis. 354

185 N.W. 195

GERLACH

v.GRUETT.

Supreme Court of Wisconsin.

Nov. 15, 1921.

Appeal from Circuit Court, Fond du Lac County; Chester A. Fowler, Judge.

Action by Rev. C. G. Gerlach against Frank Gruett. Judgment for plaintiff, and defendant appeals. Affirmed on condition of remittitur.

Action for libel based upon three letters written by the defendant a member of the church of which plaintiff was the minister, and addressed respectively to Rev. A. F. Augustin, Eau Claire, Wis., Rev. O. Gammelin, Beaver Dam, Wis., and Rev. A. Pilger, Ripon, Wis., which letters were received and read by the respective persons to whom they were addressed. The letters were written in the German language and were translated as follows:

“Rosendale, Wis., Aug. 20, 1919.

Esteemed Pastor: In the Synodical Report on page twenty, I read, that it is really pleasant, that the pastor in Rosendale was justified from the charges resting against him. If the synod has no other justification than one of this character, then not very many of the dearly purchased souls of our saviour will enter into the haven (harbor) of the eternal home, for that very girl, which at the meeting at Rosendale was declared to be an honorable girl, and which Gerlach held in his arms, the one which Gerlach called to himself into the automobile, and said (to her) come let us anger Gruetts, that girl now has, since the 7th day of August, a strapping boy, she has no husband (man) and for the child, they cannot find the father or discover him. Perhaps the committee could help out again, the adage says, Tell me with whom you associate, and I will tell you who you are. It transpired here, as the scriptures say, For wheresoever the carcass is, there will the eagles be gathered together. And such a girl the local pastor takes around, and the synod rejoices because he has been justified. I can tell, only tell you, there was a commotion and a row here, and it is still going on. If I would be in Gerlach's place, I would be gone over all hills. I only have to wonder that such men (people) dare to hang around (occupy) Lutheran pulpits. It cannot go on this way for very long any more, for the attendance at the services is constantly growing worse, and the members are getting less. It is no wonder that the judgments of God are being wreaked so heavily upon mankind. Yes, we have all reasons to sing with that poet, Awake, you spirit of the early witnesses, which stood upon the walls as faithful watchmen. Just here there is something missing in the upright faithfulness. Faithful in actions, faithful in life, if it would be thus, all things would be well. I am surprised that the synod does not step in here, and bring about a change of pastors. Always more witnesses are appearing here (stepping up) to testify that my claims are resting upon truth.

Now, Mr. Pastor Augustin, I should think that this would suffice to cause you, as the president of the district, to do some serious thinking. With sincere greetings, signs Frank Gruett. [Signed.]”

“Rosendale, Wis., August 21, 1919.

Mr. Reverend O. Gammelin, Beaver Dam--Dear Sir: In the Synodical Report it is stated: We are pleased, that the pastor at Rosendale was cleared from the charges resting against him. A sorry justification, for that girl, which was declared to be an honorable girl at the meeting of March 25th, the one which Gerlach embraced in an automobile, the one which Gerlach called into his automobile with the words, Come, let us anger Gruett, this very girl has since the 7th day of August a strapping youngster, she has no husband and the boy has no father, neither can they find one for him, how easily could an (investigating) visiting commission help out again here. However, it is a disgrace and a sin that such men (people) are permitted to hang around (occupy) Lutheran pulpits. It is no wonder that the judgments of God are wreaked over humanity. Enough, I hope, that this will suffice to cause you to do some very serious thinking. Greetings from F. Gruett. [Signed.]”

“Rosendale, Wis., August 21, 1919.

Mr. Reverend Pilger, Ripon--Esteemed Pastor: In the Synodical Report I read that we are pleased that the pastor in Rosendale was cleared from the charges resting against him. If the synod has no other justification than one of that character, then not very many of the dearly purchased souls of our Saviour will enter into the haven (harbor) of the eternal home; for that girl, which at that meeting here in Rosendale on March 25th was declared to be an honorable girl, the one which Gerlach embraced, the one which Gerlach called into the automobile, Come, let us anger Gruetts, this very girl now has since the 7th day of August a strapping boy. She has no husband (man) and the poor boy, it seems, has no father, neither can they find one. Perhaps a committee could help out again here. I do not want to write a great deal, the whole business is nauseating to me already it is a disgrace and a sin that such men (people) are permitted to hang around (occupy) Lutheran pulpits. I once more would like to speak to you personally. When you were in Green Lake, I was there too, but at that time, I knew nothing about this row. With friendly greetings, signs F. Gruett. [Signed.]”

The answer put in issue the libels alleged in the complaint, and the jury returned a special verdict as follows:

“(1) Did the defendant write the letter to Rev. Augustin for the purpose of procuring a rehearing of the charges previously preferred against the plaintiff, believing the Rev. Augustin a proper officer of the synod through whom to procure such rehearing, and with an honest belief that the plaintiff was guilty of all the misconduct as a clergyman imputed to him by said letter? Answer: Yes.

If to 1 you answer ‘Yes,’ answer 2:

(2) Was the defendant actuated by malice in writing said letter? Answer: Yes.

(3) What sum will compensate the plaintiff for the injury to his reputation, feelings, and his professional standing caused by the writing of the libelous matter in the letter to Rev. Augustin? Answer: $2,000.

(4) Did the defendant write the letter to Rev. Gammelin for...