Swan

By this action it is sought to recover damages from defendant upon the grounds of slander and malicious prosecution. Plaintiff is a master mariner, and was for several 3rears a part owner in the good ship “AícHear,” and had command of her. Defendant was also a part owner in the ship, and managing owner.

The claim for damages is based upon two grounds: 1. It is charged that the defendant declared of plaintiff, in the presence of certain people comprising a committee representing certain insurance companies, that “he is a drunkard -when he is away from town.” It is further charged by the complaint that defendant said of plaintiff at another time, in the presence and hearing of one Magill: “Lately he has been in the habit of getting drunk, and a couple of days ago -went on a debauch.” It is further alleged that he said of plaintiff, in the presence and hearing of one Hanna: “He has 'been in the habit of getting drunk.” As a second cause of complaint, it is alleged that defendant maliciously had plaintiff arrested without probable cause, et cetera. The answer denied the allegations of the complaint and also declared that the alleged slanderous words were true. It was further claimed…