New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-07-20

would have accrued from private SANDER
or libel Of like import, but what this has to
do with the presumption Of malice in the
former Gaze we do not perceive. If we should
wake up tomorrow morning and find P.'s
name in our Police Reports with a statement
that he had been arrested az chicken-thief,
we should be responsible to him for damage
had and sustained, but not as a willfal and
malicious libeler.
A. But l" it is rule Of law, (says p that
when an unlawful injury is inflicted, will
fulness and malice are presumed" No,
Sir, it is not begging your legal pardon)
and if it were a rule it is false, and there
fore to be abrOgated. A Railroad train
runs over a mans COW or hog, and the
damage must be paid for, but no malice is
presumed. If were to cut off P.'s hand
by an unlucky stroke with an ak, l should
have done him an injury without lawful
warrant, yet there would be no malice in the
case, express or implied. What is the use
of foisting lie into the case when the truth
will answer every purpose? l have done
some man an injury, by an unfounded state
ment, no matter how innocently, and must
respond to him therefor; but there is no use
in making the Jury bring in the falSehsOd
that have "willfully and maliciously in
iured him" when all hands know that the
fact is otherwise.
5. All that 'P! urges against the justice
of publishing reports Of preliminary pro-
ceedipgs in criminal cases proves that all
such proceedings should be secret, if 1t
proves anything at all. The publicity of a
sourtro is no wise dissimilar in essence
to that of newspaper. Jonas Boggs is
complained of as a swindler arrested and
marched off to the Tombs, examined and
committed Do you suppose it possible to
keep these facts secret, especially while your
proceedings are publica 1t is idle, it is mad
ness to think of it. The very effort for Sc
crecy, the appearance of mystery, stimulates
curiosity, sharpens ears and sets tongues in
motion. The only difference between allow
ing and forbidding preliminary reports will
be that in the former case generally correct
statements Of the charge and its basis go to
the public, while in the latter all manner OF
distorted and imperfect accounts will circu-
late. 1t must be very unpleasant, certainly,
for an innocent man to be arrested on
charge of crime; but if such were our lot
we would greatly prefer the fullest publicity
to concealment and suppression. The pub
lie know by this time that accusation is not
conviction, that arrest is not proof of guilt.
1t is publicity that gives opportunity for vim
dication, while without it the fact of arrest
would travel everywhere, while the vindi-
cation and acquittal would hardly be heard
of.
6. We care nothing, and the bulk of the
journals care nothing, about publishing PO
lice proceedings. They are no profit to US,
and of no great account either way; but
they are a part of the news of the day, and
we cannot omit them. If those who object
choose to apply to the Legislature for a law
forbidding their publication, we shall make
no objection, butwe shall insist that the rule
ought to be made absolute, and no Editor
permitted to publish such proceedings in
cases where he chooses to brave the risk of
the party's innocence. This would be pre-.
judging the accused, with vengeance. IN
der such arule, profigate, irresponsible pub
fishers would enjoy signal advantage over
men. We shall insist, too, that
f one form of publication be forbidden, all
0rms shall be. But, so long as we
nay, we shall protest against the manufac-
ure of laws so vitality affecting personal
lights by Judges, by the help of British
,recedents. The usurpation is very gross,
nd the talk of public security, morals, &c.
S insulting. The Legislature makes laws
n abundance, and their quality is quite as
,ood as the specimens of Judge-made law
which have attracted our notice. We deny
he right Of any Judge TO subvert Consti-
tutional guarantee in obedience to his ideas
# personal immunity.
7. Our correspondent evinces the tendency
IF the practice Of Law to confuse and oblit.
,rate all moral and equitable distinctions
Two men are arrested, charged with the
Of a felony. The complaint, the
the indictment bear equally
strong against both; but on trial one is con-
Sicted and the other acquitted-a very com.
mon case. Now, according to p. the Ed |
tors who publish the fact of their arrest are |
perfectly innocent and justifable 50 far as |