Haskins

The action was for slander, and plaintiff recovered. Two appeals are before this court, the one (S. F. No. 863) from the judgment, the other (S. F. No. 862) from an order given after judgment.

1. Upon appeal from the judgment, the only contention argued is that the complaint fails to state a cause of action, in that *159 it nowhere avers that the words uttered and published of plaintiff by defendant were false. The complaint alleged: “That heretofore, on the twenty-sixth day of December, A. D. 1894, the defendant spoke, in the hearing of C. C. Loomis, J. P. McElroy, Thomas Grossman, and sundry other persons, of and concerning the plaintiff, the false and scandalous words following, to wit: ‘Did you know that Haskins was an embezzler?’ ‘Why, he is; he was arrested at San Diego and tried by jury, and only escaped because the jury disagreed; the jury stood eight for conviction to four for acquittal.’ ‘He was arrested for stealing tools.’ ‘Haskins is a thief, and I will put him where ho belongs.’ ”

“Slander is a false and unprivileged publication other than libel which charges any person with a crime,” et cetera. (Civ. Code, sec. 46.) That the words the publication of which was…