Times Pub. Co. v. Carlisle

• Decision Date: 08 May 1899
• Docket Number: 1,137-1,139.
• Citation: 94 F. 762
• Parties: TIMES PUB. CO. v. CARLISLE. JOURNAL CO. v. SAME. WORLD PUB. CO. v. SAME.
• Court: U.S. Court of Appeals — Eighth Circuit

94 F. 762

TIMES PUB. CO. v. CARLISLE. JOURNAL CO. v. SAME. WORLD PUB. CO. v. SAME.

Nos. 1,137-1,139.

United States Court of Appeals, Eighth Circuit.

May 8, 1899

Frank Hagerman, D. B. Holmes, and Frank P. Sebree (Henry C McDougal and L. C. Krauthoff, on the brief), for plaintiffs in error.

I. N Watson and Shannon C. Douglas, for defendant in error.

These were three actions for libel. The defendant in error, Harold Carlisle, was a merchant, living with his wife, in Kansas City, in the state of Missouri, where he had resided for more than two years, on February 20, 1897. He was 44 years old and had a good reputation for honesty and integrity. He was engaged with one Peters, under the firm name of Carlisle & Peters, in trade in gents' furnishing goods, at 818 Main street, in Kansas City. He was born in England, and came to this country in 1879. He had been engaged for many years in the business of raising, buying, and selling cattle in New Mexico and Kansas. From 1884 until 1893 he was the manager of a cattle company, which had been incorporated in England, and which had a ranch, and sometimes as many as 20,000 head of cattle, in the southwestern corner of Utah and in the northwestern corner of New Mexico. In 1893 that company closed out its stock, and Carlisle and one Gordon, who then became his partner in this business, occupied the ranch, and conducted the business of buying young cattle, shipping them east, and selling them. Gordon occupied the ranch, and bought, cared for, and drove the cattle, while Carlisle lived in Kansas City, met the herds at Dallas, in the state of Colorado, shipped, and sold them. In June, 1896 Gordon drove about 700 of the cattle of this firm into Dallas, Colo., where Carlisle met him, and shipped them. At this time one Mostyn appeared at Dallas, and claimed that a part of a bunch of 50 cattle, which Gordon had brought from one White, had been stolen by White, and thereupon White was arrested. He was subsequently tried and convicted for the theft. When this claim was made, Gordon produced his bill of sale from White, and Carlisle remarked that, if there was anything in the bunch that had been stolen, he did not want it, and thereupon separated the cattle purchased from White from the other cattle owned by the firm, and turned them over to Mostyn and a proper inspector for the benefit of their owners. On February 20, 1897, John D. Reeder, the sheriff of Mesa county, Colo., appeared in Kansas City with an affidavit of one Chipman, an information signed by the district attorney of Mesa county, a warrant of arrest, an affidavit of the assistant district attorney of Mesa county for a requisition, a proper requisition on the governor of Missouri for Carlisle, and an order for his arrest and delivery to Reeder on the false charge, which was set forth in these requisition papers, of having in his possession, on June 4, 1896, eight head of cattle which he knew had been stolen by Ed. Young And e. Frank White, and which he intended to appropriate to his own use. On these papers Carlisle was arrested. He declared to all who asked him that he was innocent of the charge, accompanied the sheriff to Colorado, and the district attorney of Mesa county entered a nolle prosequi on the charge against him.

On the evening of the day of his arrest the plaintiff in error the World Publishing Company printed and circulated in the Kansas City World an article which gave an account of the arrest of Carlisle, and of the charge upon which he was arrested, and which contained, among other things, these words in addition: 'Sheriff Reeder arrived here from Colorado Saturday morning. He said that for months he had been searching for evidence against Carlisle, who was formerly in the cattle business at Salt Lake City and who is alleged to have been operating with a gang of cattle thieves for money. * * * For a long time cattle thieves have been driving cattle off the lonely ranges in Northern Colorado. The authorities discovered that White drove cattle off the Utah Cattle Company's range in Mesa county and shipped eight head of Dallas, Colo., where they (. . .) received by Carlisle. Carlisle, in turn, shipped the cattle to Denver, where they were recovered by Sheriff Reeder before a sale was effected. This was last June. Before this the Mesa county sheriff had recovered two shipments of stolen cattle,-- one of 20, and one of 40, head. ' On March 12, 1897, Carlisle sued the World Company for publishing the statements which we have quoted, and prayed for judgment for $20,000 actual damages and $5,000 punitive damages. In its answer to the petition of Carlisle the World Company set out the entire article which contained these quotations, the existence of the requisition papers, and the proceedings which they evidenced, and pleaded that White and Young stole 40 cattle, and delivered them to Gordon, who held them until they were identified as stolen cattle, and taken from the drove of Carlisle and Gordon by the sheriff, and that White and Young had been arrested, and White had been convicted of stealing the cattle. It also pleaded that Reeder, the sheriff, whom it believed, and from whose official position and appearance it was justified in believing, to be reliable and trustworthy, stated, in the presence of its reporter and others, substantially all that the article contained about the defendant in error before it made the publication, and that it published the statements in it without any malicious intent, and without any desire or intent to injure Carlisle.

On the morning of February 21, 1897, the plaintiff in error the Journal Company published in the Kansas City Journal an account of Carlisle's arrest, and of the charge upon which his arrest was made, and, among other things, these words in addition: 'Sheriff Reeder arrived in Kansas City yesterday. He claims he has been searching for evidence against Carlisle for six months, and that Carlisle has been associated with a gang of cattle thieves, which has operated to some extent in Utah, stealing about 60 head of cattle. * * * For some time past cattle have been driven off the Utah Company's range in Mesa

county, Colo. Sheriff Reeder learned that Frank White had driven 18 head of cattle off the range, and shipped them to Dallas, Col., where it is claimed Carlisle received them, and shipped them to Denver. Sheriff Reeder recovered the cattle before a sale had been effected, however. Sheriff Reeder claims to have recovered two shipments of stolen cattle before this,-- one of 40 head, and one of 60 head. He claims Carlisle made both shipments. ' The defendant in error thereupon sued the Journal Company for publishing the statements we have quoted, and that company answered in the same way that the World Company did.

On the same morning, the plaintiff in error the Times Publishing Company printed and circulated in the Kansas City Times an account of the arrest of Carlisle, and of the charge upon which it was made, and, among other things, these words in addition: 'The police of this city and John D. Reeder, sheriff of Mason county, Colo., allege that he has been at the head of an organized gang of cattle thieves, that have run off a great deal of stock from Colorado cattle ranges. * * * It is claimed by Sheriff Reeder that Carlisle, who, together with a man by the name of Gordon, is interested in a cattle ranch at Dallas, Colo., purchased 60 head of cattle 18 months ago, and 8 head of cattle last June, which were stolen from the Utah Cattle Company. ' Thereupon Carlisle brought an action against the Times Company for publishing the statements quoted, and that company answered in the same way that the Journal Company did.

On the motion of the plaintiffs in error, the three cases thus commenced were consolidated and tried together. Carlisle did not claim any damages in his petitions, or on the trial of these cases, for the publication of the fact that he was charged in the requisition papers with, and was arrested for, having eight head of stolen cattle in his possession, which he knew were stolen. His claim was for the publication of the charges contained in the statements we have quoted, and his allegation was that their publication was false and libelous. The gravamen of these charges, stated in different language, was that Carlisle had operated with, or been associated with, or was the head of, a gang of cattle thieves. There was no evidence at the trial that these charges were true. There was evidence that Reeder made the charges when he visited Kansas City for the purpose of making the arrest, and that he made them in the hearing of the reporters of the plaintiffs in error before their articles were published. The requisition papers were received in evidence, and the fact was proved that they were seen and examined by these reporters before the publications were made. The jury returned a verdict of $2,500 against the World Company, of $2,685 against the Journal Company, and of $4,580 against the Times Company; and it is the judgments upon these verdicts which the writs of error have been sued out to reverse.

Before CALDWELL, SANBORN, and THAYER, Circuit Judges.

SANBORN Circuit Judge, after stating the facts as above, .

'A good name is rather to chosen than great riches, and loving favor rather than silver and gold. ' The respect and esteem of his fellows are among the highest rewards of a well-spent life vouchsafed to man in this existence. The hope of them is the inspiration of his youth, and their possession the solace of his later years. A man of affairs, a business man, who has been seen and known of his fellowmen in the active pursuits of life for many years, and who has developed a good character and an unblemished reputation, has secured a possession more useful...