Newby

The action is for damages for libel. Plaintiff had judgment, following the verdict of a jury, for seven thousand five hundred dollars, and defendant appeals from the judgment.

On a former trial of the action, judgment was in favor of defendant, which judgment was reversed by the supreme court. (Newby v. Times-Mirror Co., 173 Cal. 387, [Ann. Cas. 1917E, 186, 160 Pac. 233 ].) From that decision we quote the following statement of the facts:

Before the retrial of the case, plaintiff filed an amended complaint and omitted therefrom the article of September 22, 1909, above referred to.

In the first count of the amended complaint it is alleged: “That the said defendant wickedly and maliciously, and with the intention and design to injure, disgrace, and defame this plaintiff, and to bring him into public discredit and obloquy, printed and published in said newspaper on the fourth day of October, 1909, of and concerning this plaintiff, a certain cartoon, picture, or effigy which represented the plaintiff, with a pen or pencil in his right hand, with a book representing a public record, and marked on the back thereof ‘Public Records,’ ánd representing the plaintiff as saying, ‘I’ll…