This section contains the nature of the case and procedural background.

D was a lawyer for negro, Charles Humphrey, who was charged with raping a white woman. Charles admitted to intercourse with the white woman but claimed that she had consented. D spoke to the editor of the local paper given his client's side of the story as the State had already published its side of the events. The story was printed, and P sued D, as the words charged her with adultery and were slanderous per se. D took the stand and admitted to the court that the paper had correctly quoted his statements. D claimed he needed to make the statements and tell his client's side of the story in order to prevent a lynching of his client. At the conclusion of his testimony, the trial court granted D's motion for a directed verdict; when the State published damaging statements about his client, D was privileged to reply. P appealed.

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