The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-10
IL 1t lawful TO Publish Police Reports

We publish today, in another part Of our
columns. the very able and enlightened decision
recently pronounced in the Superior Court by
Judge Bosworth in civil action of libel
against the proprietor of the New YORK He
RAID. 1t may be remembered that some twelve
months since our contemporary, the Courier
and ENQUIRER, found itself condemned in costs
in a libel suit, for publishing an er parte COM
plant made before police magistrate in this
city The Court, consisting Of three judges
Duer, Mason and Campbell-not satisfied with
condemning the defendant in the costs, con-
ceived it necessary. as guide for his future
conduct, DO inform him that a sound public
opinion should encourage that homely doc
trine Of diligent attention to ones own affairs
and of thinking no evil of others, except as
knowledge of such evil is forced upon us by
business or by duty; an opinion which frowns
upon those who pander to- and nourish with
daily food, that morbid curiosity which finds its
aliment in the fralties or vices of our race.'
This type Of sound public opinion met with
the most unqualified appreciation from all those
ill-treated individuals whose '.frsiltes or
Vices made them the subjects Of complaint at
any Of our city police courts; and after that,
when any OF the aforesaid gentry had the mis-
fortune to be brought up if the panderers
to morbid curiosity Ohe press) ventured to in
form the public Of the interesting event, forth
with sound public opinion" sought to vindi-
cate its wrong, and soothe its outraged feelings,
by rescrting to an action for libel We have,
however. never doubted that as public journal
lists it was our duty and our right to publish
fair and impartial reports Of what took place at
our police courts, and in consequence we have
received our full share of that . sound public
.orinion" but. never hating, we have pursued
our way, trusting to correct Interpretation
Of the law to justify our course.
We published the report of charge preferred
against a boy named Barber. for which we were
favored with libel suit That suit Judge Bos-
worth has decided in our favor. He broadly
asserts the right Of the press to publish the re-
ports of proceedings before police magistrates
when the accused is present, and from the tenor
Of his opinion we believe that when the point is
presented to him he will as broadly assert the
right to publish er parte complaints. His
opinion justiies the conclusion that he has an
intellect capable of penetrating the fog of pre-
cedents and judge-made law, and deciding the
question on principle and constitutional rights.
The constitution of our State guarantees free
dom ofspeech, which includes the right to write
OF speak the truth, whatever that truth may be-
without being amenabe in a civil action for
damages. The truth is always q defence in an
action for damages; there is however, what
some suppose an exception-where B tells A
that G is thief, and A says to another. B told
me that G is thief; unless is actually
thief, A is liable to an action for repeating
what told him. And it is no justification
for A to aliege that it IL true he was so inform
ed and that if is injured, he may sue d, be-
cause what said to A was wrong done to
G, for which an action could be maintained
and when A repeated what said, he repeated
the wrong. and was equally liable to be sued
as was B. But if in the case supposed, had
occasion to believe that was a chief instead
Of communicating his suspicion to A. he had
ri ght, and it was his duty. to communicate his
suspicion. and the grounds thereof to an officer
Of justice. authorized by law to apprehend sus-
pected persons. If had so done, he would
have done right !. and If he acted without ma
lice or with probable cause, then even al
though G was not guilty of the imputed Of
Gesce, the law would have lent its sanction to
he act Of Il, and declared him justified in
what te had done, whatever the prejudice re-
.ulting g G.; and if after this A had narrated
Inc circumstance Of BE- accusation and of C's
.rfl,lo...,a, ~ Le *. s,.tscl r. s.
!oi, s! Certainly he was; fer he did no