Keymer v. Clark

Decided July 1, 1793

ACTION on the case for these words: Keymer is a base gentleman, and has had four or five children by Ann, his own house maid; and hath either killed them, or procured them to be killed. The first words, that he is a base gentleman, and has had four or five children are not actionable, for perhaps that Ann was his wife: nor the last words, for he does not say that he killed them feloniously; perhaps it was lawfully, as a Minister of Justice. Tr. 21 Jac.

Decided 1793-07-01

Jones, J.

¶1concurred. When the intention of the party appears to be to disgrace the other, as here by the first words, the subsequent ones shall be taken in pejorem partem.

Whitlock, assented.

¶24 Rep. 16. Snag’s case. Jones 141. 1 Roll. 75. Poph. 187. Roll. 342. Bendl. 126. Godb. 6. 434.