The Portland daily press., 1863-02-13
Libel Suit-.Freedom of the Press Vindi-
Gated.

Libel Suft-.FreedOm OF the Press Nindi.
Gated.
The readers of the Press have been inform
ed that, at the Jan. Term of the Supreme Jul
dicial Court for Lincoln County, Judge DICK
ERsoN presiding there was tried a suit for libel,
brought by JOHN BABsoN of Wiscasset,
ers of the Bath Daily Times.
As we have taken pains to secure a very full
and correct report of Judge Dickersons
charge to the jury, which will be found upon
the first page, and which defines with marked
distinctness the rights of newspaper publish
ers and the limitations which restrict those
rights, we deem it proper to give brief his
tory of the suit and report of the trial, believ-
ing they will not be found devoid of interest
even to the general reader.
The suit was brought in March, 1860, the
plaintiff claiming 5000 damages for the pub
LEGATION of an article in the Bath Times of
Jan. 10th, of the same year. Mr.. Babson is
politician OF much notoriety, and his name
has become largely mixed up with the politi-
cal affairs of Lincoln and Sagadahoc counties.
Under Mr.. Buchanan he held the lucrative
office Of Vice Consul General for Canada, I'M
der Gen. w. B. s. Moor, and was stationed at
the Suspension Bridge, near Niagara Falls. In
addition to this Office, Secretary Howell Cobb
created special Office for him, for which he
received IS per day and travelling fees,-a sort
of secret inspectorship Of custom house Off
cials and matters, but as the defendants were
credibly informed, the real labors Of the new
Office consisted in organizing the Democratic
party of the state, SO as to secure delegates to
the Charleston Convention acceptable to the
conspirators in the Buchanan cabinet. Wheth-
er this was so or not, Mr.. Babson was almost
omnipresent in all party movements in the
state, and particularly in Lincoln and Sa-
gadahoc, and seldom failed to turn up at
Bath in season to have hand or voice in
controlling the local politics of that city, as
well as the conventions and primary meetings
of Sagadahoc, where he did not, but where
the defendants did reside.
1t was in consequence Of such interference
that the Bath Times-an independent Demo-
cratic paper-frequently alluded to Mr.. B. and
his officious and offensive presence, in terms
hiVfC ioittUtC pCihapo thau dhu cpohC
Of him in words not always complimentary.
On Saturday, January IA, 1860, Mr.. Babson
came to Bath on his way Westward. had an
interview with his political friends, and then
called at the Office OF Hon. Elisha Clarke of
that city. Mr.. Clarke had been previously
connected with. the Bath Tribune, which he
was induced to purchase Of its "Straight
Wing" proprietors and convert into an organ
OF Buchanan Democracy, by the influence of
Babson and others, who promised to aid him
with funds. While at Mr.. C's office difficult
ty occurred, correctly reported in the follow
ing article which appeared in the next issue of
the Daily Times:
DIsGRAcEFUL Personal Acknowledgements to
learn that an assault of an aggravated character
occurred in this city Saturday forenoon. Hon.
John Babson was in the city. and called at the
private Office of Hon. Elisha Clarke where Mr..
c. was alone Mr.. Babson's visit had connection
with past business transaction "a note on
which his name appears as endorser, which grew
out of Mr.. C.'spurchase of the Tribune in 1887.
Mr. Clarke regretted his inability to meet the
demand Of Mr.. b., and high words from the latter
followed, until he called Mr.. Clarke liar, adj
ding explosives which we do not choose to repeat.
After repeatedly denouncing Mr.. c. as liar,
upon atter assertinS tne trutn OF MS own
statements, and insisting that the falsehood was
not on his side, Babson, with display of feroc-
ity, said Cd d--n you you tell me I lie!''
at the same time hitting him with his fist near
the right eye. He continued to flourish his fist,
and menace Mr.. Clarke, several times bringing
his knuckles in contact with his face. Mr.. Bah
son is a large man, of powerful physical force,
while Mr.. Clarke is of medium size, and in no
way given TO displays of physical proves or
pugilism. The affair. if not before adjusted,
will probably be brought before the Grand Jury
in April Mr.. Babson left in the afternoon train
on an official visit to the westward, where his
duties as an officer of the government call him.
This is doubtless one of the very latest improve
ments for packing the people.
About two months after the publication of
the above article, Mr.. Babson instituted the
suit in question, claiming 5000 for damages
alleged to have been suffered from the publi-
cation of this piece of Information. This suit,
believed by def. to be malicious and designed
with another kindred suit hereafter alluded to,
to break down the paper which he was strug
Cling TO maintain, led to other articles by no
means complimentary to the pltf, not mali
cious by any means, but calculated to exhibit
him in such ludicrous light as was believed
TO be justified by facts and by his own con-
duct.
From the date of the writ until the verdict
of the jury, the def. spared no pains to secure
speedy trial, but without avail. Babson was
never ready.
His attorney, A. ]. Could importuned us flor
convenience We " Ill drop the legal word defL)
Ito allow the case to be entered to neither
party" and even went SO far as to intimate
that our lawyers fees might be paid by his
client If we would consent to such an entry
We declined, solely because zee had given no
ground for the action, and would consent to
no disposition of the suit that could be tor
tured into an admission of any such ground.
Mr.. Gould told us emphatically that there was
no ground of action in our publication; said
he had given the same opinion to his client:
us to understand that he should never push
the case TO trial, and one of the Supreme
Judges assured us that Mr.. G. made similar
statements to him; at any rate, the Judge
referred to assured us, with the utmost conf
dence, that there never would be a trial. and
this was Immediately after an opportunity for
an interview, If not an actual interview, with
PITTS counsel.
At the late term of the court at Wiscasset
the case was marked for trial. After ten days
IT was reached. We went hurriedly to w. in