Rude v. Nass

• Decision Date: 17 March 1891
• Citation: 48 N.W. 555,79 Wis. 321
• Parties: RUDE v. NASS.
• Court: Wisconsin Supreme Court

79 Wis. 321

48 N.W. 555

RUDE

v.NASS.

Supreme Court of Wisconsin.

March 17, 1891.

Appeal from circuit court, Grant county.

It appears from the record that the defendant has been a minister in various Norwegian Lutheran Churches ever since 1866. That at the time of the trial the plaintiff was 31 years of age, and had been a teacher of vocal music for several years at various places. That from the spring of 1884 until some time in 1885 he led the singing in one of the defendant's congregations, and also taught singing school at the same place or in the vicinity. That in the fall of 1885 he went to Crawford county, and in the early spring of 1886 to Washington Prairie, Winnesheik county, Iowa, where he continued his vocation. That while there, and on July 26, 1886, he was arrested and brought before a justice of the peace on the charge of having willfully, unlawfully, and feloniously seduced, debauched, and carnally known a daughter of the complainant, an unmarried female of previous chaste character. That under date of July 30, 1886, a letter, of which the following is a copy, was written in behalf of the father of the girl, and sent from said Washington Prairie to the defendant at Boscobel, Wis., to-wit: “Rev. O. Ness--Highest Honored: I have learned that a person by the name of J. E. N. Rude, or, as he has called himself, J. E. Nelson, has been a resident among your congregations. As the same person has lived around here, and his conduct here was such that we had to have him arrested, I should be pleased to get all the information from you in regard to his conduct while he lived in your congregation, and that you will keep nothing secret as to what you know about this man, and that you will tell me whether he had any family relations down there. All information you can give will be of great interest to us in an important case. Respectfully, [Signed] O. H. SIVESIND, Postmaster, Washington Prairie, Iowa.” That in answer to that letter, and under date of August 3, 1886, the defendant wrote in the Norwegian language, and sent from Boscobel, to the person named, at said Washington Prairie, a letter of which the following is a copy, to-wit: “O. H. Sivesind, Washington Prairie, Iowa--Mr. O. H. Sivesind: In regard to your communication of the 30th, I will inform you as follows: The person concerned, namely, J. E. N. Rude, alias J. E. Nelson, alias Johan Nilsen, came here in my congregations in the spring of 1884, and was then unknown, he pretending to be a teacher in vocal music, and as such teacher to have practiced at various places, and latest at Wiota; that he had formerly been school teacher with Meus and A. H. Preuss, but in latter time had wholly devoted himself to the teaching of vocal music, and wished to organize a singing class here amongst the young people. As he had no recommendations to show, he promised within the time of next service--four weeks--to procure such from Meus and Preuss and other places. By the aid of his serpent-like faculty, he sneaked himself, in my absence, into the favor of a couple of families, and by their assistance had gathered some young people about him for instruction. By the good promises that his recommendations should soon be at hand, I deferred it for a while, but never did they come. Inasmuch as he understood the tact to make himself intimate, especially with the female sex, he became more and more impudent. In my absence he beat his way to the access of the church where the young people, boys and girls, gathered in a wild disorder, until late at night. When I was informed by the trustees and church warden in regard to this, and in the mean time was warned in regard to this man by a couple of neighboring ministers, where he had been making trouble before, a meeting of the congregation was called, and a stop was made to this disorder in every respect. It was substantiated that as often as he had an opportunity the saloon was the place of his resort, where he sought to gather the young people about him, not to speak of his sprightly and lascivious conduct in other directions. As he didn't succeed, he attempted and tried in every way, by the assistance of a few adherents, who looked upon him as a dear companion, to establish a party in the congregation, especially among the young people, whom he, by his merry gatherings, plays, drinking, and night-brawling, tried to entice, and created thereby conflict and misery for a time until after we had obtained evidence from the congregations in Wiota, Jordan, Yellow Stone, Perry, Blue Mounds, and from H. A. Preuss, all tending to show a morally corrupt character. A meeting of the congregation was held July 29th, last year, when his immoral conduct, both in the past and present, was established, and some of his adherents subjected to church discipline, and himself ordered to leave. He is a perfect counterpart of that who, a couple of years since, was notorious Dr. Brock, with the exception that he has not had the opportunity to commit the same deeds in every respect. In reference to the evidence on file from other places, and by reason of his conduct here, his certificate of character from this place will be that he is a person of an in a high degree immoral character, an habitual drunkard, a fighter, dishonest in his trade, lascivious and frivolous in his conduct, whose words are not to be believed. Wherefore everybody are warned from having anything to do with him, and least of all is he to be recommended in any manner whatever as a teacher and instructor for the Christian youth. Some time last fall my congregation in Otter Creek published a warning to the public in the newpapers, and upon the inquiry of one M. J. Toyen, of Woodville, Winnesheik county, Iowa, I have given the same admonitory information as here. He does not stand in any family relations here,--at any rate not legitimate. The rumors or reports are current that he has a wife and child in Norway, and also a child in some place in northern part of Wisconsin; but I have no evidence to that effect, though I hold none of it impossible. [Signed] Friendly, O. NASS. P. S. In certificate from H. A. Preuss it is stated that he has absconded from there, leaving a debt which he owes a person of his congregation, who loaned him money to save arrest for disturbance in a saloon. You will do well if you could place his conduct before the public as a warning for others. His organ transactions I will pass by. Everybody must be on his lookout.” That July 28, 1888, the plaintiff commenced this action of libel, based upon the letter so written by the defendant. That the answer of the defendant admits the writing and sending of the letter, but denies that he was actuated by malice or ill will towards the plaintiff, and alleges the facts and circumstances under which the letter was written and sent, and that the letter was a privileged communication, made in good faith, and in the full belief of its truth; and also, in justification thereof, alleged that the communication was true, and pleaded specially the facts and circumstances showing its truth. At the close of the trial the jury returned a verdict in favor of ...