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20 F. Cas. 1140

Romayne v. Duane

U.S. District Court

Decided April 15, 1814

U.S. District Court · decided 1814-04-15

Action for a libel, published in the Aurora, which charged the plaintiff with being a conspirator, and recorded as such on the journals of congress. Plea, not guilty, with leave to justify. William Duane admitted himself to be the editor of the Aurora. The other defendant did not; and in order to prove that he was concerned- in the paper, the plaintiff asked one of his witnesses, if he had not seen William J. Duane sign receipts in the name of himself and Wm. Duane.

Decided 1814-04-15

BY THE COURT.

¶1The substantial matter in issue, is the scandal published against the plaintiff, and not the authority from whom or whence it was obtained. No man is at liberty to trifle with the repose of another, by publishing to the world charges against his character, which are calculated to bring him into general contempt, and then justify himself, by stating his authority, and proving the statement. The evidence may be given in mitigation of damages, by showing that the publishers were not the authors of the scandal.

¶2A juror was withdrawn, in consequence of the sudden illness of one of the defendants’ counsel.

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