Kellems

In action No. 23775, plaintiff seeks $250,-000 general damages and $250,000 exemplary damages on the ground that an article published by defendants on April 14, 1944, in the newspaper “Labor Herald” libeled and defamed her in that it was therein falsely stated that she was engaged in “treasonable operations.”

In action No. 23948, consolidated for trial with No. 23775, plaintiff in count one thereof seeks $250,000 general damages and $250,000 exemplary damages respecting a news article published in the same .newspaper on October 13, 1944, and in count 2 like sums respecting an editorial published in the same newspaper the same day in both of which it is alleged were included false and defamatory statements to the effect that plaintiff was engaged in “treasonable operations.”

To both complaints defendants replied by answer and amended answer, 'the filing of which is hereby allowed, wherein the material allegations thereof were specifically denied and wherein it was specially pleaded that the statements complained of were true, that the defendants were qualifiedly privileged to make such statements and that such statements constituted fair comment and were not malicious.

The…