Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
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Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family
Nourse, Charles Clinton
Iowa -- Politics and government; Lawyers -- Iowa -- Biography; Nourse, Charles Clinton, 1829-
From Wayne county we went to Decatur, the peddler also keeping us
company with his itinerant dry goods establishment. During this trip I
made the acquaintance of very many young men who afterwards became
distinguished as lawyers, legislators, and judges. The only lawsuit in
which I was consulted was a slander case tried in Wayne county. The
suit was brought in behalf of a young woman for damages because of
words spoken against her reputation by the defendant. Amos Harris, a
lawyer from Centerville, was engaged as attorney for the defendant.
When the case was about to be called for trial Harris expressed his
wish to have my advice in regard to the course to be pursued, and at
his request I retired with him to the shady side of the school house
for consultation. He told me that his client was a man of some property
and that the plaintiff had some witnesses who would testify clearly and
positively to the slanderous words spoken by the defendant of and
concerning the young lady. He said his client really had not injured
the reputation of the young woman at all because nobody believed any
thing that he said as he had a very bad reputation for veracity. He
said they could make no defense whatever, as the girl's character was
good, and he was afraid of a large verdict for damages against his
client, and asked me if I could think of any way that he could help his
client out of the difficulty. I asked him if he could prove that nobody
believed what his client said on account of his bad character. He said
yes, there were plenty of persons that would testify to that, but he
could not see how that was any defense. I told him it was no defense
against the slander, but it might be proved with advantage in
mitigation of damages, provided his client would be willing that he
should undertake to do so. He called his client out and explained to
him the situation as I had advised, and asked him if he was willing to
save his money at the expense of his reputation. The fellow winced, but
finally consented that Harris might make the proof. I suggested that as
the plaintiff's witnesses were all friendly to the young lady Harris
might on cross-examination prove by them that they did not at the time
or ever believe the slander that the defendant had uttered against the
plaintiff, and that they had never repeated it to anyone except
accompanied by their statement of their belief that it was all false,
and Harris introduced several other witnesses to prove the bad
reputation of his client for truth and veracity. The plaintiff's
attorneys objected and the court first hesitated to allow the witnesses
to so testify, but upon the suggestion that it was the best thing for
the plaintiff's reputation, and that as nearly the whole population of
the county was there upon attendance of the court, it was better to
clear up her reputation by this testimony than to give her money to
heal her wounded feelings, the court finally took this view of the case
Public-domain text, read in full here on John Shaqi.
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