Hosley v. Francis Brooks Et Ux.

• Citation: 20 Ill. 115,1858 WL 6031,10 Peck 115,71 Am.Dec. 252
• Parties: GEORGE H. HOSLEY, Plaintiff in Error,v.FRANCIS BROOKS et ux., Defendants in Error.
• Decision Date: 30 April 1858
• Court: Supreme Court of Illinois

20 Ill. 115
1858 WL 6031 (Ill.)
71 Am.Dec. 252
10 Peck (IL) 115

GEORGE H. HOSLEY, Plaintiff in Error,
v.
FRANCIS BROOKS et ux., Defendants in Error.

Supreme Court of Illinois.

April Term, 1858.

Error to Cook.

1. In an action for slander, the pecuniary circumstances of the slander may be given to the jury.

2. It is no mitigation of the offense to show that the person slandered

[20 Ill. 116]

was quarrelsome.

3. In a suit for slander the jury may consider the pecuniary circumstances of the defendant; also, that defendant obtruded himself into the house of the plaintiff and offered undue familiarities to his wife, when the offensive words were uttered, in fixing their damages, which may be by way of punishment as well as for compensation.

4. It is not a defense to such an action, to show that the wife of plaintiff used the first harsh words, and that the slanderous words resulted from such previous harsh words.

5. The time of the speaking of the words as laid in the declaration is not material.

6. Instructions, unless based upon evidence, should not be given.

7. The law will imply malice in the uttering of slanderous words, and heat of passion does not rebut the malice thus implied.

THIS was an action on the case for slander. The declaration is in three counts.

The first count states that in a colloquium on the 17th of October, 1856, with the plaintiff, in the hearing of divers good and worthy citizens, the plaintiff falsely and maliciously spoke and published these several false, malicious, scandalous and defamatory words, of and concerning the said Eunice Brooks, that is to say, “you,” meaning the said Eunice Brooks, “are a damned whore, and I,” meaning the said plaintiff, “can prove it,” meaning that he, the said plaintiff, could prove that she, the said Eunice, was a whore.

The second count states the words to be--“you,” meaning the said Eunice Brooks, “are a God damned bitch of a whore.”

The third count states the words to be--“you,” meaning the said Eunice Brooks, “are a whore.” Damages $2,500.

Plea, not guilty.

A trial was had before a jury, in the circuit court of Cook county, at the April term, A. D. 1857, MANNIERE, Judge, presiding, and a verdict of guilty rendered, with $750 damages and costs.

At the trial the plaintiff below produced Frederick Guernsey, who testified that he knew the parties. He was at defendants' house in October, when the plaintiff, Hosley, called there; Hosley knocked at the door, and Mrs. Brooks went and opened it; Hosley came in...