New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-06-27
Libcl-Lnw and fbe Pre...

decision with respect 10 Libels, beginning
with this assumption;
"You seem to argue that the absence of naaiic,
in fact should be perfect JHstlfcofoH 10 the pub
Usher Of a hbei.'
Now no man has any right to mix into a
discussion so grave as this, without taking
pains to ascertain what it is that he pro-
poses to refute; and, as we never did argue
anything like the above, we cannot make
room for needless refutation. We stand
on this ground:
l. That the Press has a right to publish
the truth, unless malicious intent in so do
ing is prOred.
2. That in case Of a misstatement injuri-
ously affecting some person unknown TO the
publishers-such misstatement occurring in
the regular course of news-giying with re-
spect to public transactions-the presump-
ton Of malice, which the law makes against
a private slanderer, does not lie against the
journalist as aforesaid, any more than it
would against a master giving the character
Of bis dismissed servant, &c. In any case,
malice may be prored, and ,vEeH proved it
becomes the ground of fair demand for ex-
emplary damages; but the law is an ass if
it undertakes to presume without proof that
we are guilty Of malice toward every one
who happens to be mistakenly reported in
our Police Returns.
3. We do not hold, and never did hold,
that the absence Of malice should justify the
publication Of libel, or an injurious false
statement Every man is responsible for
the injury he inficts on another, no matter
how innocently. But sc do insist that the
action in such q case should not be for libel,
Of which the essence is q malicious intent,
but for damage done and sustained; and the
simple inquiry of the Court and Jury should
be-" How much injury has 4. B. (plaintif)
sustained by reason Of this mistaken and
Injurious publicati of c. D. defendant
Whatever the amount Of such damage, it
should lie ascertained, adju1ged, declared,
assessed upon the defendant and paid by
him to the plaintiff.
-'P.' goes on to argue that the pu6lioa-
ton of preliminary criminal proceedings are
per Sc miscbievous, often unjust and ought
TO be discouraged. We beg leave to inform
him that this is a question for lawmakers,
not for Judges and if he wants any such
restriction as he advocates, he must 90 the
Legislature for it, not to the Bench. Our
Constitutions and laws as they are assure US
the right to publish the truth, and fair and
true account of proceedings had in open
Court on a preliminary examination is the
truth, no matter how the final trial may re-
suit. We believe it is, in the great majority
Of cases, best for all innocent parties that
such proceedings should be reported-that
by this means public attention is attracted,
and important testimony elected that other
wise would not have been forthcoming. We
have no doubt that many an innocent man
has been cleared, many guilty one convict
ed, by means Of these publications. But if
the State shall see fit TO forbid their publica-
ton, we shall joyfully obey. They cost US
much labor and expense, and We would viii
lingly be rid # them; but while they are
published, our Journal would be incomplete
without them. fps IDEA IS correct, there
never should be an open examination Of an
alleged criminal prior to his final trial. If
it be wrong to publish a fair synopsis Of the
whole testimony, it must be far worse to al
low any body to dodge into 4 Courtroom,
hear few minutes, and run out to give all
he met his crude idea of the small portion Of
the testimony he had heard. NO-if Police
Reports are essentially wrong, the proceed
ings in Police Courts should all be conduct
ed in secret. But this would not be found
to answer; and none would more earnestly
object to it than innocent persons temporar-
lily enyelopei in cloud Of suspicion. They
want all the light possible thrown on their
cases with a view to their final exculp adon.
Very often q villain who perures himself
On a preliminary trial is preventedfrom DO
ing SO at last by the publication Of the ini-
iial proceedings, which carries them to some
,ne or more who are able to unravel his
Hebofies or to confront them by unimpeach-
sble testimony But let the State say, No
more publication Of Police Reports or other
initial Proceedings ana we viii instantly
,tey, though we deRy the right Of any Judge
% make such q law.
THE RocHKsTER RAFFISSs.-The Csuusr-iE