New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-12-12

est then we Know nOtHlUg OF Tue process or rea-
soning.
We did not see how His Honor views accorded
at all with Stsrkies Conclusion, (P. 5so-4, where
it is strongly laid down that malicious intent is
essential to the action for libel, that this Is 10 be
collected from the evideuce, (not Inferred from
the bare fact Of publishing that the Court is to aid
by its legal opinion and experience the jury. who
are thereby assisted in forming correct Judge
meut upon the defendants Intention We are
not ignorant that the author is here contemplating
criminal procedure; but it is abundantly laid
down that a libel cannot exist without malicious
intent, which is its essence; and wherever it does
exist the hbeler is liable alike criminal and civil
prosecution.
His Honor thought the consideration urged by
US that we had not invaded the sanctuary of the
plaintiff $ family and given currency to any scan
dalors report about him or his in their private ca
pacity, ought to have force in considering the ques-
ton of damages. Grateful as we are TO His Hon
or for his good word on this behalf, we yet beg
leave to observe that we brought this fact into
view only to illustrate the question of Libel or No
Libel. And, as His Honor appeared to US to un-
derstand as the Supreme Court in its late decision
represented, that the Press claims the prerogaiive
of tbeling whom and how they please-a preten-
sion which, he thought, ought TO be signally and
exemplarily rebuked-we beg leave TO make one
more effort TO put our position in his eye, and show
that contrary to bis impression, we hold that an
Editor may be guilty of libel as clearly and fully
as any other man, and when he is he ought to be
signally punished We will suppose the two fol-
lowing paragraphs to appear one of these mornings
in some paper-not ours, for of Ne. l, the case is
no, supposable:
"ArrAlR HIGH LIFEA report is current IN ine .aso
S thai the p1ghy aaf sson 10
mother without having entered the bonds oil holy MARI
moay We shall give further particulars OF this as oanuns
affair in few days"
"PReBABLE MuRDER.-John Jonun who has been lett
in charge OF the ship Southampton for some days past
missing and it feared from marks of blood found on Tue
vessel that he has been murdered for sum Of money ne
Moses arz, who has been lowering aoout inc decA
of late and who absconded the morning before Jonum was
missed. The Police are in pursuit OF him.
Now we suppose any plain man in the country
perceiyes a glance that No. is prtma tacte
base and filthy libel and No. 2 is not though it
may by bare possibility be such. Every presump-
ton of the law is very properly against the inno-
cence of the utterer of No. L; insist that the
same presumption is, rightfully and BY the Com
mon Law, in favor of the innocence of the utter
ing of No. 2, although it fixes on Moses Martz
the suspicion of crime far blacker than any i'm
piled in No. l. The mere fact that paragraph
appearing in newspaper is injurious to some
body reputation does not render it pr'ma tacse
ibelous. Such is the dictate Of common sense and
we think of Common Law; we trust it will yet
be recognized as law even in the Supreme Court
of New-York.
But we have filled our paper, and must close
The Judge charged very hard against us on the
facts of the case, as calling for pretty slZable
verdict-our legal guilt had Of course been settled
long before in the Supreme Court
When the Charge commenced, We would not
have given Fenimore the first red cent for his YER
dict; when it closed, we understood that we were
booked to suffer some If the Jury had returned
verdict in our favor, the Judge must have been
constrained by his charge to set 1t aside, as con-
rrary to law.
The Jury retired about half past ., and the
rest of us went to dinner. The Jury were hum
gry too, and did not stay out long, On compar-
ing notes, there were screen Of them for verdict
of 800, tro for 5000, and three for $500. They
added these sums up-total S2,60o-divided BY
IL, and the dividend was little over $500 so
they called it 5000 damages and cents costs,
which of course carries full costs against US. we
went back from dinner, took the verdict in all
meckness. took sleigh and struck Decline for
New ork.
Thus for The Tribune the rub-a-dub is over the
adze we trust laid aside; the slaves all in their
places; the hoops tightly driven; and the heading
not particularly out of order Nothing remains bat
to paw piper or cooper or whatever; and that shall
be promptly attended to.
Yes. Fenimore shall have his 5000. To be
sure, we do Mt exactly see how we came to owe
him that sur,; bat he has won it, and shall be
paid 'Tht ourt awards it, and the law doth
give it, We should like to meet him and have
social chat over the whole business, now it is over
There has been good deal of fun in it, come to look
back; and if he has little ill-will toward us as
we bear to him, there shall never be another hard
thought between US. We don't blame him q
Bit for the whole matter; he thought we injured
him, sued US, and got his pay. Since the Jury have
cut down his little bill from $4,000 to 500, we
won't hgg|s bit about the balance, but pay 1t on
sight. In fact, we rather like the idea OF being
so muaificent patron (for our means) of Amer
can Literature; and are glad to do any thing for
one of the most creditable of old) ., our authors,
who are now generally reduced to any shift for
living by that grand National rascality and greater
folly. the denial of International Copyright
leMr nensiue nuhlic., do nj Aatter Yourself That