The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-06-18
GDe Gnqulrer.
RICHMOND JUNE 81. 1911.
T. DOCTRINE OF LIBEL. So
In zUhtcA we THAT is, the Printers end "a

oeen decided or some Importance. The,
case is this.
AT the fall term 1909, of the Superior
Court of Law for the County of Cabell. an
order was made on motion of the Prosecutor
for the Com'th, that John Morris jun. be
to appear before them on the
list day of the next term, to shew cause,
if any he can, why an information should
not be filed against HIM for publishing a.
libellous writing in the form of a petition to
the General Assembly; scandalizing the
character and reputation of Thomas Ward.
This petition set forth, in the name of
g The Subscribers. Freeholders aud Inha.
bitants of the County of Cabell." tthat when
the county of Kanawha was divided, where
by the county of Cabell was struck there
from, the Act Of Division directed, the
first COURT of justice to be held at Major
Thomas Wards. until the commissioners
named in the said act, should fix OH the
most proper and convenient scite for that
purpose that the court was SO holden at
the said Wards but that when the mem.
bers thereof took into consideration fine ELI
giblity oftheplace. they considered it on. ac-.
count of certain physical objections, as an
inconvenient and improper place. and also
considered that Capt. w. Merritt's, near
the mouth of Need river, as the fittest scitc,
to be chosen for the purpose aforesaid, un
Ill the commissioners should meet and fix
on the permanent seat ofjusuce; that when
they did meet, they selected the mouth Of
Guyandotte river; but that Major Ward,
being desirous Of having it again on his
own plantation, was circulating a petit
ton for that purpose, to be addressed to
the Legislature that the sd w. was &C.
tuated only by selfish and interested mo
tiyes, &c. that he used base and disnonora-
IL. L.. a
being the high sheriff, and having OF course
the collections of the public revenue and
taxes. he persuaded ignorant and iliterate
men to sign his petition. frequently stating,
that for so doing, he would indulge them a
time. and not be over-strenuous in his col
lections, &c. &c. that the said w. did
not present his petition at any public COL
lection OF the people, but in. secret and
hidden places, as he rides through the coun-
ty in his Office of sheriff.
The Petitioners further begged leave to
represent, that although the Commiss oners
had fixed on the mouth of the GuyantiotIe
river, yet thatJeremiah Wards. near the
mouth OF Need river, is the most eligible
place, &c &c. and they therefore pray fer
a Law, fixing the seat of justice at the said
Jeremiah Wards.
AtSthe next term of the Court, the rule
an information be filed against Morris :----.
The information recited the obnoxious
words OF the petition; giving the Court to
understand and be informed. (on the ,nfor-
nation of Thomas Ward and David Mecca
mas, that Thomas Morris did write and
publish this" scandalous add libellous wri-
ting" &c. &c. 'to the great scandal, in
fanny and damage of the said w.. to the
evil example of all others, in the like case
offending & against the peace and dignity of
the Com'th.
In October term, 1910, the Def. put in
for plea, that he was no wise guilty in man
ner and form, Sec. &c. and he also tender,
ed two special pleas. that it was lawful for
him to write and publish the paper. because
all the charges therein set f rth against W.
were true; and also, because, at the time
of writing, and before. the said w. was a
fu6Gc officer. and that all the charges set
forth against him were true.--The Attorney
for the Com'th. objected TO filing these last
pleas, because the matters Contained in
them cannot be pleaded or given in evil
dence on the general issue .--Whereupon
by consent OF both parties, the questions a
rising on this objecsiOn were adjourned O.
yer by Judge Coalter, to the General Court.
as one OF novelty and difficulty. And the
decision Of that coart requested on these
points: LIST. whether the defendant to an
indictment or Information for libel can in
all cases plead the truth of the libel in JUS
tihcation' I'd. If not. whether he can give
the truth Of such libel in evidence Oh the
plea Of not guilty' 3D. Whether in this
particular case, the Deft. can in either wav.
and which, give evidence of the truth of the
matters, stated in the writing alledged to be
libellous!
When this case was taken up in the Ge-
neral Court, before Judges Nelson, White.
Holmes. Brock Through, Johnston Carr &
Smith, the following decision was unani..
mously gwen:
VIRGIEIA.--In the General Court. June
1911.
The Commonwealth,
against,
John Morris, jr. De}r.
Upon ali adjourned case from the SUPERB
or Court of law, for the County of Caben.
1t is the unanimous opinion of the court,
that by the COMMONPLACE Truth is no iustifi-
cation OF a libel and cannot as such be given
in evidence On All Indictment or Information
for the offence. In this case the I'd article
in the bill Of rights having declared, that
" all power is vested in, and consequently
derived from the people that magistrates
are their trustees and servants, and Al all
times amenable to them !" it follows as me-
cessary consequence that the people have
right TO be informed OF the conduct and cha
racter of their pu lie agents.
In the case of an ind, ctment or information
for libel against public officers, or candi-
q CO., r,nhl,c ofcca tr,.ti, a.. "a ...,..c..: