Vicksburg weekly herald., 1870-08-20
THE WEEKLY HERALD
IHURsDAY, AUGUsT Is. ls1O.
THE LIBEL TRIAL.


Wat, so fur as the preliminary ex-
animation has ended, we desire to
review it through that stage.
The public already knows that
the editor and proprietor Of this
journal were q week or ten days
since arrested by order Of A. Bur
well, Esq, City Judge, charged by
him with writing and publishing
a libel of one j. W. Short, City
Clerk. Messrs. E. P. jacobson
and J. W. Woods represented the
State, and we are gratifed in being
able to state that they conducted
their unpleasant duties in a spirit
of eminent fairness and courtesy.
Our thanks are due to land here
gratefully acknowledged Colonel
W. R. Cause, Colonel Harper P.
Hunt, and D. McCaleb, ESQ 2, for
the able and mastery manner in
which they conducted the defence,
even when they were fully aware
of the fact that they were con-
ducting a case before 4 court the
opinion of which had been decid.
ed upon before a particle of testi.
mony had been presented.
There are two theories upon
which to put the cause Of this &C.
tion. One that Judge Burwell,
either consumed by morbid curl.
osity, or over Jealous in the dis.
charge of his duties, forced the
prosecution; or that men, smart.
ing under the lash of just criticism
sought this prosecution as a shield
from general condemnation. We
are creditably informed that Mr..
Short entertained no thought Of
proceeding in q criminal action
against US, but that Judge Bur.
well issued the warrants against
us, and then compelled Mr.. Short
to sign an affidavit which he
(Judge Burwell) had himself pre-
pared. ii this is true, and we have
no reason to doubt it, Judge Bur-
well must be carried away with the
importance Of his position, or feel
that as q fit and full return for the
value of the position which was
given him, he is in duty bound to
protect the scoundrels Of his party
from newspaper criticism, that
they may go undisturbed in their
nefarious transactions. In other
words, as all of his party is held
together by the cohesive power
of public plunder, and 1.-THE
word "plunder' here has that
significance which is given it by
the brigand) he adds his mite
in the battle Of the honest against
the dishonest by delving up and
bringing to light a law-dead in
letter and spirit-with which to
manacle, what the Radicals claim
to be- q free press. With all the
offices and all the public monies
in their possession and the senti.
nels upon the watch tower, the
press, chained down, Judge Bur,
we'll evidently conceives that his
party can rob and steal from the
people to the extent of their cor.
morant-like desires. He has sci
himself up as the censor Of public
morals and when he sees in a
newspaper, phrases and sentences
not framed from words submitted
to his critical and sensitive judg.
ment the writer's and publishers
are to be tried for the commls,
sion of crime. Judge BurwelI
labors under the impression that
to publish the truth of thief, q
liar and a perurer may injure the
reputation of the individual with
some one by whom he is honored
and that therefore such expressions
must be suppressed. The judi
cial sensitiveness and refine
ment Of Judge Burwell can.
not tolerate the use Of such
terms as thief and scoundrel
even when truthfully and honestly
applied to individuals of that class
Let this be, however, as it may,
we simply desire to speak now to
this case. The trucking, knav'
ish, ignoble character of the scoun'
drels, in nine cases out Of ten, fill'
inR the offices of the State, con-