Join all the words together and the action lies. Yet had they been spoken separately, no action would have lain. But here it is alledged that Ann was the wife of another, at the time those words were spoken, *so it is a scandal: and the other words, killing, &c. shall be understood killing unlawfully.
Keymer v. Clark, 1 N.C. 159, 1 Mart. 159 (1793)
1793
·
United States Circuit Court for the District of North Carolina
1 N.C. 159, 1 Mart. 159
Keymer vs. Clark, vel Halley.
Trin. 2 Car.
ACTION on the case for these words: Keymer is a base gentleman, and has had four or five children by Ann, his own house maid; and hath either killed them, or procured them to be killed.
Jermyn.
The first words, that he is a base gentleman, and has had four or five children are not actionable, for perhaps that Ann was his wife: nor the last words, for he does not say that he killed them feloniously; perhaps it was lawfully, as a Minister of Justice. Tr. 21 Jac. Wheeler's case: Thou hast stolen my piece, and I will charge thee with that felony: Piece may be a gun or a piece of gold, and for this uncertainty, it was adjudged that the action does not lie, and so here.
Asbley, Serj.
Ex causa dicendi, and by induction the words shall be taken in pejorem partem, for he intended to disgrace him: He is a base gentleman. Therefore, the last words shall be taken in pejorem partem.
concurred. When the intention of the party appears to be to disgrace the other, as here by the first words, the subsequent ones shall be taken in pejorem partem.
Whitlock, assented.
4 Rep. 16. Snag’s case. Jones 141. 1 Roll. 75. Poph. 187. Roll. 342. Bendl. 126. Godb. 6. 434.