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Terry v. Fellows, 21 La.Ann. 375, 1869 WL 4643

Facts

J. Randall Terry claimed damages of $50,000 for slander and libel due to statements made by witness J. Q. A. Fellows during a congressional investigation into disturbances in New Orleans. Fellows testified that Terry participated in the rebellion against the United States and carried a black flag during a review of rebel forces. Terry alleged that these statements were false, damaging his reputation and public standing, and that the Times knowingly published these false statements.

The petition alleges that the defendant, Fellows, in giving evidence before a committee of Congress, which was appointed to investigate the causes of the unhappy disturbance in this city on the thirtieth July, 1866, did falsely and maliciously declare that plaintiff, “J. Randall Terry, took part in the late rebellion against the United States.

Issue

Whether a witness can be held liable in a civil action for declarations made by him in delivering his testimony.

The peremptory exception upon which the case was tried raises the question, whether a witness can be held liable in a civil action for declarations made by him in delivering his testimony.

Rule

Public policy protects witnesses from civil liability for statements made in the course of their testimony, as their role is to assist in the administration of justice without fear of vexatious litigation.

The administration of justice requires the testimony of witnesses to be unrestrained by liability to vexatious litigation.

Analysis

The court applied the rule of witness immunity to the facts of the case, determining that Fellows' statements were made in the context of his duty as a witness before Congress. The court emphasized that allowing civil actions for statements made in testimony would undermine the integrity of the judicial process and discourage witnesses from providing truthful evidence.

As a witness, he was compelled to answer the questions propounded to him by the committee, and, in our opinion, he should not be held responsible in an action for damages.

Conclusion

The court affirmed the judgment dismissing Terry's suit, concluding that he had no cause of action against Fellows or the Times for the statements made during the congressional investigation.

For the reasons assigned we are of opinion that the petition discloses no cause of action against the defendant, J. Q. A. Fellows.

Who won?

Defendants, including J. Q. A. Fellows and W. H. C. King & Co., prevailed because the court found that the statements made by Fellows were protected by witness immunity and that the publication by the Times did not constitute a legal cause of action.

We are also of the opinion that the publication of his testimony by the defendants. W. H. C. King & Co., proprietors of the New Orleans Times, gave the plaintiff no legal cause of action against them.

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