{
  "id": 8691254,
  "name": "HULBAH SNOW vs. WILLIAM J. WITCHER AND WIFE",
  "name_abbreviation": "Snow v. Witcher",
  "decision_date": "1849-06",
  "docket_number": "",
  "first_page": "346",
  "last_page": "349",
  "citations": [
    {
      "type": "nominative",
      "cite": "9 Ired. 346"
    },
    {
      "type": "official",
      "cite": "31 N.C. 346"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T20:18:40.677102+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "HULBAH SNOW vs. WILLIAM J. WITCHER AND WIFE."
    ],
    "opinions": [
      {
        "text": "Pearson, J.\nAssuming that the declaration contains-a colloquium and introductory matter, sufficient to warrant the inuendoes, we think, the Judge erred in holding, that the evidence, if believed, did not make out a justification.. When the charge is made directly, the plea should aver the truth of the charge, as laid in the declaration ; but, when the charge is made by insinuation and circumlocution, so as to make it necessary to use introductory matter to give point to and show the meaning of the words, the plea should aver the truth of the charge, which the declaration alleges was meant to be made. If the words are \u201cBrittain is as deep in the mud, as Welch is in the mire,\u201d and the declaration, with proper introductory matter, alleges, that these words were meant to make a charge of passing counterfeit money, the plea should aver, that the plaintiff was guilty of passing counterfeit' money. In this case, the declaration alleges, that the words used were meant to make a charge of incontinence, and the plea should aver, that the plaintiff was incontinent, which averment would be fully proved, by the evidence of the defendants\u2019 witness, if believed... His testimony, if true; showed that the plaintiff was not one of those \u201cinnocent,\u201d chaste women, whose \u201cunsullied purity\u201d the recital declares it was the intention of the Act to protect.\nBut it is insisted, that the words : \u201cshe had lost a little one,\u201d not merely charge, that the plaintiff was incontinent, but that she had brought forth a bastard child, and that the plea should aver this fact, and the evidence show it to be true.\nConception and delivery are the mere effects of nature \u2014there is no harm in them \u201cper se.\u201d VThe guilt lies in the criminal intercourse, which is made neither greater nor less by the collateral oirc\u00farristances of conception and delivery, although these circumstances may be considered unfortunate, as leading to detection and exposure. Criminal intercourse is the gist of the charge, and is all that the plea need aver, or the evidence establish.\nThe learned Judge erred in holding, that conception and delivery, which are in themselves innocent, constituted a part of the substanop of the charge, and ought to have been averred and proved.\nIn the second count, the oharge is, that the plaintiff was a \u201cbase, lewd and incontinent woman.\u201d The words \u2018\u00abbase and lewd\u201d are not actionable, for \u201clewd\u201d means \u201clustful, libidinous but does not import criminal indulgence ; so that \u201cincontinent\u201d is the actionable word,\u201d which, by the evidence, was established.\nIn the third count, the charge is, \u201cshe better be listening to the report about hersolf losing a young one.\u201d The defendants are not called upon to prove, that there was such a report, nor would it avail them as a justification, if they did. They must aver and prove the matter, alleged to have been reported, to be true, to-wit: that the plaintiff was incontinent and unchaste.\nThe gravamen of the action is a false and malicious charge of incontinence and a want of chastity.\nIt'is unnecessary to allude to the other points made. The judgment must be reversed and a venire de novo be issued.\nPer Curiam. Judgment accordingly.",
        "type": "majority",
        "author": "Pearson, J."
      }
    ],
    "attorneys": [
      "Boy den, for the defendants."
    ],
    "corrections": "",
    "head_matter": "HULBAH SNOW vs. WILLIAM J. WITCHER AND WIFE.\n2n an action of slander, when the charge is made directly, the plea of justification should aver the truth of the charge, as laid in the declaration ; but when the charge is made by insinuation and circumlocution, so as to vender it necessary to use introductory matter to- shew the meaning of the words, the plea should aver the truth of the charge, which the declaration alleges was meant to be made.\nIn an action of slander, by a single woman, under the Act of 1808, Rev. Stat. Ch. 110, where the words charged were \u201cthat she had lost a -little one,\u201d \u201cZ.^S. is a credit to her,\u201d the said Z, S. being notoriously an incontinent person, and, \u201cshe better be listening to the report about herself losing a little one Held, that it was sufficient for the defendant to plead and prove that the plaintiff was an incontinent woman.\nAppeal from the Superior Court o\u00ed Law of Surry County, at the Fall Term 1848, his Honor Judge Mooke presiding.\nThis is an action on the case, under the Act of 180S, for a charge of incontinence. The first count alleges, that the defendant Judith, who is the wife of the other, defendant, made the charge by using the words: \u201cshe had lost a little one.\u201d The second count by using the words ; \u201cZilphy Sims is a credit to her,\u201d Zilphy Sims being a woman, whose general character was that of a base, lewd and incontinent person. The third count, by using the words: \u201cShe better be listening to the report about herself losing a young one.\u201d\nThe defendants pleaded justification, and, on the trial, introduced a witness, who swore that he had, on several occasions, had criminal intercourse with the plaintiff. The Court charged, that the plea of justification should aver the truth of the charge, as laid in the declaration, and that this evidence, if believed, did not establish the plea.\nThere was a verdict for the plaintiff and the defendants appealed.\nNo counsel for the plaintiff.\nBoy den, for the defendants."
  },
  "file_name": "0346-01",
  "first_page_order": 376,
  "last_page_order": 379
}