Rea

This is an action for slander, and the complaint contains three counts. In the second count it is alleged that the plaintiff had been a member of the state board of railroad commissioners of the state of California for more than four years, and that at the general election held in the year 1890 he was the regular nominee of the republican party for re-election to the said office of railroad commissioner, and on the fourth day of November of that year was duly re-elected to that office.

It is then alleged that on October 10, 1890, while the plaintiff was holding the said office and was such candidate for re-election, the defendant, in the county of Santa Clara, spoke to one Milo Conklin of and concerning the plaintiff these words: “ James W. Rea has robbed his father and mother in certain business transactions connected with the light and power company of the city of San Jose” ; and that in uttering said language the defendant meant and was understood to impute to plaintiff such dishonesty, untrustworthiness, and turpitude as would render him unfit to occupy the office or perform the duties of railroad commissioner.

The answer denied all the material averments of the…