Aston

(after stating the facts as above). [1] 1. This action was brought by the plaintiff to recover damages from the defendants for the defamatory publication set out in the statement of facts. It is alleged in the amended complaint that the publication was made with “the design and intent,” among other tilings: (1) To destroy plaintiff’s “reputation and character for honesty and integrity; and (2) to hold him out to the people of the United States and elsewhere as being devoid of honesty and integrity and by reason of an alleged business association with a man stigmatized as a ‘thief’ and ‘who ought to be in the penitentiary’; (3) as being unworthy of any personal or professional trust or confidence; and (4) to injure him in his good name, reputation, business, occupation, and profession.” The answer of the defendant Hearst and the amended answer of the defendant Examiner Printing Company denied all of the allegations of the amended complaint save such allegations as were therein expressly admitted. The allegations referred to above were not admitted, and therefore became issües in the case requiring proof to establish them as facts supporting the cause of action. The burden of proof…