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1 Wright 123

Stevens v. Handly

Ohio Supreme Court

Decided October 15, 1832

Ohio Supreme Court · decided 1832-10-15

Slander. This suit was brought in behalf of the daughter of the plaintiffs in the last suit, against the same defendant. The plaintiff counted upon the following words: “Stevens keeps a whore house, and Phebe is a whore — Ida has gone to Stevens’, and Stevens keeps a damned whore house; and Debby and Phebe were not able to stand the three tanyard blackguards; and Stevens’ wife, and all the Delanys are whores.” Plea, not guilty, and issue.

Decided 1832-10-15

HITCHCOCK, J.

¶1to jury. If the words are proven, or so much of either set is proven, as imputes the crime of being a whore, the action is sustained. It is not necessary to prove the identical words; proof of the substance is sufficient. The innuendo is.to give application to words; it cannot extend their meaning beyond their ordinary acceptation. Words not laid in the declaration, which were spoken at the same time with those charged, and explain their sense, may be considered, and will excuse the defendant if they show the other words to have been spoken in an innocent meaning.

¶2Verdict for the plaintiff, $163.50, and judgment.

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