Tanner

Appeal by defendants from a judgment in favor of plaintiff, and from an order denying a new trial.

The action was sought to be maintained by plaintiff on account of certain false and libelous publications made, or caused to be made, by defendants of and concerning plaintiff. The trial court finds, and there is evidence warranting the same, that plaintiff at and before the publication of the matter complained of was a duly appointed and qualified constable of the judicial township of San Jacinto, Riverside county, and was the president of the board of trustees of the city of San Jacinto, and was at all of said times a candidate for re-election to the office of constable of said judicial township; that the defendants in an issue of a certain newspaper, called the “San Jacinto Register,” printed and published by them, on Thursday, the first day of November, 1906, printed and published of and concerning plaintiff the following, among other things: “This man [referring to plaintiff], together with those trustees who appointed him, have winked at the prostitute dens and the gambling dens, and the street brawls, and have'had nothing to-say, or nothing to do; but the moment the matter is…