The Portland daily press., 1863-02-13

vour AM, % =, naonno,le The ,es,i,nnnx 10 vo,,
| CON oo,s;stan,Iy 40 so y;thout ;,nn,,;n :,
wrong ;n,entions IN anv If the u,;tnessas
The law excludes the plaintiff from testify
ing In This case. unless the defendants Offer
Themselves as witnesses. which they have NOT
done. The plaintifr relies in the tirst instance
upon the alleged improbabil;tv and inconsis.
tency of Clarke's testimony. and his own
peaceable character proved before Won Inv
| many respectable citizens. and i'm the next
| place upon the Testimony of witnesses who
state that they saw Clarke very soon affer tho
alleged assault. and discovered no such maaks
Of violence upon him a, he has testified to
and, indeed. that they saw no marks of VIC,
lence upon him whatever. These are ali cir
cumstances proper for your consideration. botb
upon the question of the fact of the assanIt
and is character. The rule of law. however
is that If two witnesses. each having equal op,
portunity to know a particuIar fact testify
the one affirmatiyely and the other NEGATIVELY.
credit should be- given to the Affirmative wit,
ness, all other thnfis being equal, since there
is a greater probability that the latter should
not have observed the fact than that the form
er should be mistaken or testify falsely, in re-
gard 10 it.
The plaintiff occupies the position of one
charged with the commission of a crime In a
criminal trial TO render the truth in evidence n
complete justification of the publication. Won
must be satisfied of IL beyond a reasonable
doubt. So far as YOU are concerned. the
plaintiff stands In an Indifferent nosition thar
is, he NAV be innocent. he NAV be yuiltv or
this you are to have no opinjon indene,,dent
Of the evidence. The law. however reouires
that Won shall be satisfied of his uuilt hevond
a reasonable doubt before Won can And him
guilty. or i'm other words that the dec,ndants
published the truth. This is some,;mas called
ihe nresumntjon of ;nnoceoce. bnt n s;,nnI,
means that the burden ~ nroof ;s - ~,
narty ch,rc;ng The comm;ssinn nr ort,,. ',,e ~
esfabl;sh ,ho f.c, ha,nro ,ha ;,r,, 40 a'',l,e
ized r. t,nd him unity 'N' "'e "''''o'
If mon the nrinci5les have ;nd;c,,ed tho
defendants have Jailed m satisfy Won that ,bay
nublisbed tho truth in ,Ie ar,icia '.r ,na ,e,i,
pf Iannar, N Ieeo r. -. ..,,..I ~ ~ ~. .o.n
,icn lar yonr yerd;ct viii he soy tha ,ia;np,;g.
but If Won tind thai they thus nnhlsbad ,ha
truth the defendants will have rmada o,, ,ho
arst branch ~ tho d.sanca ana ,n Ill, ,,s .ae
coed 70 ;n,n;ra ,vha,hnr ,ha;r 'ou .,;ain p.o
snroner far 1rnhl;. ;nsorn,a,;"nn y 'e was
The Constitution or ,h;s S,,,o sao,,ros .,,o
freedo, os ,ha ,'v,'ss ,,.;,l' ~, e;'i r'se
cation tha, n,h,iaha.,' In -. untS1
abusa The rreada,a or ,ha 49, - - ;,d;n ~, n'
sahle n the nresar,a,;an y, H. as,;n.aI ,;a
ertias Tho pross IL ,hn h,,rar. a,ra;ra, ~ ~,
nress;o, corrnn,;on and orror ar on;a;n,, w
Thai great apos,Ie ~ lihor,v NJ Iaaarso,
wi nkalf s.r
sal Iiherty hsva cnr,a - ha 1910 ,,o,,a.I'. y,
nrec.,ad now tho, ,h.;r ,sdn,,. .pd peoas;i'.
are made man;sast hy Tho n.,ionaI caia,,;,;a:,
declared in lanan,a go as s,r;o,,v ,rna 49, !, :.
haau,;rn,iy san,en,;ors ~, &C., ~ a.;'s,a.,
NAV ha ,olora.aJ 49, as ra',, - Ia vpnioi
comhat - re- =. .n,, ,;n,a re- ano,.,,,a ~
vailed th,, tba nraata~ ,ho ,rn,h ~ ,..e. p.e
the libel that daS has Iona s;nca nas.ad a'd
far d;s,ant ho ,ho haur nr ;,s -, p-'''"' '""
press. nor bolt the doors Of the dwelincs or
The citizens Of This STATE aaa;nst infarms,;a,'
proper for their counsel ouidance learning or
instruction in matters NJ nnbI;c concern II
n should 40 60 and von ga,,laman ~ ,bo H.,
rv should co-oror.,e ,y;,h ,ha conr, In III
attemnt hotb would he false ~ The Cons,i,,,1
tion false IN dutv and raisa m I;bertv i,sslr
The article nubI;shed bv daC,nlants c,.ar,as
the plaintiG viii The commiss;on of an a.
sault of an agoravated character mon \ ci,i.
zen In his own Office and details Tho c;rcnm.
stances of the TRANSACTION. WAS that . snb-
ject ..proper for public Information p, The
statute makes sucb an act a criminal offence
Have NOT the public a rigbt ~ be advised oc
transactions which the law regards as hostile
TO the public safety? How NAV the nbIic
proyide AGAINST fntnre DANCER II spch u,rn;nc.
must be withheld from .public information y,
Is not the publication of the statistics of crime
oftentimes usefulin the detection Of criminals
and also for deyisiny means for nreveu,jny j,s
recurrence? How are the nulli. To obiain
such Information IL n ;s IN he n forbd,den
theme TO the newspaper pressp And how
can the press better discharge its duty than in
proclaiminp such transactions, as well II COM
mitted in high places as in the humber walks
of Iifes Sucb and like information is obtained
In our cities and larger towns at great ex
pense, and constitutes an important branch of
the business of the newspaper press. The
metropolitan press has its correspondents. not
only i'm most of the cities in this country but
also in the larpe cities of Eurone and everv
Quarter of the habitable globe. To collect In.
formation upon this and Thousand other kim
dred subjects.
This court is well assured that this ip,e,H-
gent jury needs no words of caution from anv
quarter. TO consider well lis verdict before Il
strikes a blow at the industry of a very large.
and highly respectable and useful. but too Of
ten, i'll reouited class of their fellow citizens.
How. il NAV be asked. in this hour of our ma
tional life struggle. are we TO obtain infor
nation of the progress of our arms. and the
heroism of onr valorons sons II newsnaner
publishers NAV NOT nrint the letters or their
correspondents, prorided altcays that they do
NOT endanoer the nublic safetvp Ifsucb facts
are nroner ,or nnbIic infnrm,,ion can n ha
do,h,fil whe,bar lilo nnhl;c;,v nndor ,be
statute may attend the accounts of y;ola,ions
of.iaw In o,r n;ds,o
If Won find that the article of the 18th of
Jan. 1870 was trne in every material nar,icu.
lar. and proper for public OBSERVATION-DISCLOSURES
verdict will be for the defendants Neither