Bragg v. Hammack

155 S.E. 683, 155 Va. 419, 74 A.L.R. 723, 1930 Va. LEXIS 174
CourtSupreme Court of Virginia
DecidedNovember 13, 1930
StatusPublished
Cited by2 cases

This text of 155 S.E. 683 (Bragg v. Hammack) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bragg v. Hammack, 155 S.E. 683, 155 Va. 419, 74 A.L.R. 723, 1930 Va. LEXIS 174 (Va. 1930).

Opinions

Browning, J.,

delivered the opinion of the court.

This is a suit by notice of motion for judgment in the Circuit Court of Brunswick county by R. W. Bragg v. L. [422]*422J. Hammack involving alleged libel and claiming damages in the sum of $10,000.

The notice of motion which, for convenience, will hereinafter be called the complaint, sets forth the publication of the alleged libelous words with the innuendoes of the plaintiff parenthetically stated.

The defendant in the court below, defendant in error here, filed a plea of the general issue, also a plea of justification, alleging the truth of the words complained of, and his grounds of defense which embraced the matter of the said pleas and the further defense that the occasion of the alleged publication of the words complained of was a privileged occasion, and that the privilege was not abused, and that the plaintiff did not suffer or sustain any damage by reason of the alleged publication of the words complained of.

In the course of the trial, counsel for the defendant, in explanation or elaboration of the plea of justification, said that the defendant in effect plead the truth of the language complained of with the innuendoes included, which is the effect, however, of the plea, without such assurance. The jury rendered a verdict for the plaintiff and fixed his damages at one cent, and the court entered judgment in accordance therewith.

This judgment is before this court for review upon thirteen assignments of alleged error.

The parties litigant will be referred to as plaintiff and defendant as they were related in the court below.

The plaintiff and defendant were candidates for the nomination for the House of Delegates in a Democratic primary election to be held in the county of Brunswick early in the month of August, 1927, and at the time of publication of the alleged libel the campaign was in the heat of its progress.

The plaintiff was a widower with seven children, living in a commodious dwelling some miles from Lawrenceville, [423]*423the county seat. He had previously been a member of the board of supervisors of his county and its representative in the lower branch of the General Assembly.

In the spring or summer of 1927 he employed Miss Lucille Chappell, of Clifton Forge, Virginia, as a housekeeper and companion for his children. This employment did not prove to be agreeable to either of them, and resulted in a severance of their relations under circumstances involving an unfortunate display of temper and bad feeling.

Miss Chappell left the home of the plaintiff on July 9th, after wiring her mother in Clifton Forge to meet her in Richmond, from which place they went to their home in the former city.

The day of her departure witnessed the culmination of their differences. The young lady, nervous, excited and hysterical, induced by the alleged scolding and abuse by the plaintiff, of not only herself, but of his children, announced her intention of leaving. The plaintiff opposed her leaving his home at the particular time in the frame of mind in which she then was.

To go further into these details would serve no needful purpose. It is enough to say that they were both at fault, the plaintiff perhaps more so.

On July 11th, Mrs. Lucy A. Chappell, mother of Miss Lucille Chappell, wrote a letter addressed to “Justice of the Peace, Alberta, Virginia,” which was delivered to F. W. Elmore, who was at the time a justice of the peace at Alberta in the county of Brunswick.

This letter is the source of the controversy which embraces a record of 468 pages of testimony, including exhaustive arguments of counsel upon the many and tedious questions which arose.

The alleged libelous words, with the innuendoes added, comprised the postscript of said letter, and we quote them as they were declared upon in the complaint:

[424]*424“Bragg (meaning the plaintiff) is not a gentleman. He (meaning the plaintiff) also wanted to ruin my girl (meaning the daughter of said Mrs. Chappell) and that the plaintiff had been guilty of immoral conduct toward said daughter. A man (meaning the plaintiff) running for office should know the law. If there are still laws in existence, and I (meaning the said L. A. Chappell) am going to enforce it.” (Meaning that plaintiff had violated the law by immoral conduct toward said girl, the daughter of said L. A. Chappell.)

The justice of the peace, F. W. Elmore, carried the letter with him on the 14th of July to Lawrenceville to the office of Mr. Lewis, the Commonwealth’s attorney for the county, for the purpose of having the advice of that official with reference to his duty with respect to the letter. The defendant was present and read the letter, and subsequently, when it was left with him at his office, had his stenographer type as many as six copies, one of which the defendant gave to Mr. G. E. Ellis, one of his political adherents, in addition to showing a copy to Mr. J. B. Mallory and to Dr. J. B. Mallory and to other persons in front of a drug store in the town of Lawrenceville. The defendant admits that several copies went out of his office.

Mr. G. E. Ellis testified that when the defendant gave the copy of the letter to him, which was “just like” the one which was the subject of the complaint designated Exhibit No. IB, there were three gentlemen present and they all read it there together. The force of this particular circumstance was sought to be weakened by the further testimony of the witness that the defendant gave him the copy in response to his request for it. The defendant, however, readily supplied it from his shirt pocket. Then the usual thing happened, the copies of the letter or its contents went like wild fire and spread well-nigh over the entire county. Unfortunately scandal never travels slowly.

The extent of the publication is realized when we go a bit [425]*425into the testimony. Mr. Wilkinson testified that a copy was given him by Mr. Parrish, one of the gentlemen who read it when it was given by the defendant to Ellis, and that he showed it to Mr. Barnes.

Mr. Delbridge testified that he saw a copy at G. E. Ellis’ store. Mr. Grover Jones testified that Mr. Delbridge showed it to him at Gasburg, a place seventeen miles distant from Lawrenceville. Mr. J. B. Mallory testified that he had heard about the letter, and as he was passing the door of the defendant’s office he asked that it be shown him, which the defendant did. Dolby Ellis testified that a copy was shown him by Mr. G. E. Ellis at his store at Gasburg, and at the time the matter was being discussed by Mr. G. E. Ellis and Mr. Delbridge. Mr. Everett Browder testified that he received a copy of the letter, just like the one shown him on the witness stand, Exhibit No. IB, through the mails; that it was mailed at Alberta and received by him on Friday, July 15th, at Lawrenceville. It will be noted that this was the day after the defendant had the copies made.

Mr. C. H. Williams saw a copy like it and said that one of four or five persons had it on the street and that witness asked to be permitted to take the copy and that he gave it to Mr. J. B. Edwards. Mr. J. B. Edwards showed it to Mr. Willard Clary and then burned it. Mr. W. S. Winn was shown a copy by Mr. Everett Browder. Mr. John E. Barnes saw a copy at Dolphin, about ten miles from Lawrenceville, which was shown him by Mr. M. Wilkinson. M. P.

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Bluebook (online)
155 S.E. 683, 155 Va. 419, 74 A.L.R. 723, 1930 Va. LEXIS 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bragg-v-hammack-va-1930.