New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-04-08


our T,ecraplic Oh patches the fOlog wing:
.Freu Erenos Ayres-sn smsricnn schooner turned
Pirate.
3osTox Fnd,y April p, l'5l
letr from Buncs ayres ds'sa h February received here
Tl Bt.iS Admiral .ent note 70 Commodore McK.sv.r
the Cossi Of saa there r-i.se ron ;es
sfssus vessel however ss sch Litter ,ud she viii es
preceded sssirst Wee b'ee them 'hey fall a'o
lie al Of Adu iis g enf.ll'
of course. it need not be told that we received
tis in regular course fron Tel graphic Agent at
Boston-tbet it was founded on a mercantile letter
from Bufros AyIes, as stated abOye-that note rIs
received By Com McKeeyer from the Braziial Admi-
raj Is above said-and that Capt Thatcher OF the
American schooner Drsco had left a South American
port under circumstances which created strong sus.
pcon Oh the part Of the authorities that his intent was
rirstical So much was but it not true thai
Capt Thatcher had tuned pirate or intended to do
On The contrary be soon after TO light again
blamed tie circumstances which had engendered tue
suspicious of the Brazilian authorities, and in due
time cane home and sued US (amons other EditOrs)
for libel
What could We do Had Capt Thatcher wished a
retraction of our mistake en- dispach and a complete
yin9icston Of bis character be had but to ask aai
should have very cheeriuly have done all that even he
could require. But what he after was money, and
he demanded rather more thousands of dollars than
we could conveniently pay. 1t would have been ab-
surd for us to have attempted to pacate hin by yOqn
teernc explanations and assurances that we had never
nterded to do him any wronghe knew that well as
we did-knew that we had no previous knosledge OF
him whatever and no conceivable motive to harm him
knew how the impression that he had turned pirate
.l..t.o l..
free from blame in the premises Ne certainly were SO
we had nothing DO but to meet the issue thus forced
upon US as best we might.
But how To join issue with him was boh hazard
Gus and useless Had we attempted technically to
jusfv cur publication the Court would have held US
bourd to prove the plaintiff pirate which We could
rot and would not do. Had un ieraken to plead
the general issue that issue would have been explained
by the Court to imply that we did not print any such
dispatch as was CT arge3 10 the plaintiff declaration
and that we did not wish to pretend What we did
wish was to get rid Of all techncates and for nities
and 20 before an honest, Intelligent Jury, saying
eyes, we certainly did publish the dispatch com
Ypained of; but we old it without shadow of malice
d" or i'll feeling, in perfect good faith supposing AMI
"having good reason TO believe i. true, as we are
" low fekOt 10 SHOW. AuI VIC 'tcuicu ~ oi'toh
bic. to this end, not TO join issue with
the plaintiff but to let tho 90 Sheriff Jury
Tlis we did, aud before tina! Jury were enabled to
present evidence sufficient to convince any honest,
rational being that had intended no wrong to Capt.
Thatcher aod had done tim except 10 giving cur
repcg 20 the inference undoUbtogy though mistakenly
drawn by the Brazilisns from bis own conduct and
that we had not been careless reckless in Civ
ing currency to the report from Buenos Ayres concern
ing bin And yet, in the face of all this the Jury
saw fit to condemn to pay Capt Thltcher Sir Hun
Syed and Tify Dollars, beside costs The names of
the Jurymen who rendered this verdict follows
p T. Hou -four merchant No 80 Fsontn
b Hihoa, merchant No Sc William It.
H. H. Cqsei. merchant No II Merchant Exchange.
Al H,Ion seaman. No. 20 sh.rih-st.
Ionid Cuyfis merchant, No III Pearl st
HiEGm Dcyer, importer No is PeaT 81,
TnI,on merchant No q South clerk, lO7 Grssnes
Geo B,oua merchant III Front exchange ISL HoastoRt.
Moore, tailor, No 81 Willettst.
Ttus X. Adee. mot in the rectoryl
j. B. Hllytr, late drugs, No As London terrace.
Spencer pubher No IL Ann printer No POS B!ooms Or
rsinter No. l99 Eishth-sy
Well: we shall try to pay the money thus con-
yeyed from pockets, aud trus. the receiver will
spend it honorably and usefully proudly say
We have earnedit Ii he does we'll in suing all who
printed substantially what we did, his fortune is made
If the Jurors are, on reflection, satisfied with hsir
part in the business, be it, But we caunot agree
with Tie Erening Journal albany that Here is a
practical example OF the Injustice of the present Law
" OF Libel That Law has sins enough TO answer for,
but We really cannot see how is TO blame for this
verdict The Jury might have chosen to strip of our
last shilling but would that have been the fault of the
law We carrot SO regard it, True; we hold tnit the
law ought to shield sn Editor who in good faith pub
fishes current news apparently accurate and SO decd
edy important to tie community from the legal or tech
rca presumption of malice, where It'll manifest that no
actual malice existedjust it protects the master in
giving according to his best judgment) the character
OF his late servant or the district attorney in drawing
/ up a nal indictment against man who may
finally prove innocent. 1t is just essential to the
welbeiDg of society that Editors be protected in Civ
ing the earliest ti6ngs as to vessel supposed and
reported to have turned pirate (though it should
alterward prove mistakenly as that judge be at
liberty to sentence and sdmonish a coDvic, from the
bench without subsection 10 suit for libel IN case
that convict should afterward prove innocent
/ We know that We did precisely our duty
in printing the Lews sent FROM Boston respecting
/ Capt. Thatcher End bis schooner if the Jury are
equally satisfied of the correctness of their action in the
premises, We can afford to drop the subject. But We
feel confident thai if these gentlemen had been sever
ally asked each IN hs individual capacity, to say hon
uuch sctual damsge had been indicted on Capt
Thatcher y tie appearance Of this dispatch in Til!
/ TMIUSE-that Is how much better he would hay.
stcod if we had suppressed this dispatch at the tim,