Gilman

Appeals from the judgment, and from the order denying a new trial.

Plaintiff’s action was for damages resulting from a *609 libel of and concerning him, published by defendants in their newspaper, the Evening Bee.

Defendants admitted the publication and their responsibility therefor, but denied that it was libelous. As an affirmative defense in justification they pleaded that the publication was true. In mitigation of damages they further averred their belief in its truth, and that the publication was made only after a due and careful inquiry which satisfied them of the truth of the matters in the publication contained.

The libel was a publication of what purported to be the narrative of one Stella Truitt of the circumstances of a rape committed upon her by Gilman (this plaintiff) while she was employed as a servant in his house. “Mrs. Truitt,” so began the account, “has every appearance of an honest woman, and as she told her story tears rolled down her cheeks.”

The findings of the court, all sustained by the evidence, may be quoted at length, as they contain a sufficient recital of all facts necessary to this consideration :

Under these findings the court awarded plaintiff,…