Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-07-16
MALICE AGAIN DEFEATED.

From the Knoxville Press and Herald July ID
The public have, from time to time, been
advised Of an indictment for libel pending
against the editor and publishers Of the
Press and Herald, in the Criminal Court of
Knox. The proceeding had its Origin about
the time certain actions were instituted in
the Circuit Court Of Knox county for the
recovery of fabulous sums as reparat ion
for damaged reputation" The indict-
ment was predicated upon news article
which appeared in the daily Press and
Herald and weekly Press and Messenger,
Of May, 1870, giving the protested de-
tails of the "mobbing'' of a Meth
odist minister in Blount county. The
article was founded upon facts as given
to this Office, by the minister himself-Rev.
Mr.. Bays-and the correctness Of the article,
so far as we know, has never been disproved.
At the time said article was written and
published, the editor Of this paper was in
Nashville, attending the Legislature as the
Representative of Knox county. The jour
nal of the House attests this fact. He knew
nothing of Ihe occurrence or OF the article
until be read it, at Nashville, in the Press
and Herald. What was published, was
given by the Press and Herald as legiti-
mate news, furnished by reliable inform
ant. The nominal prosecutor-the conve-
nient "clientn in the case--Was Mr.. God
dard, whom, We are willing to believe, ac-
ted IN the main upon the mischievous cOun-
sells of designing counsellor, rather than
his own suggestions.
The case came on for trial yesterday, and
was soon disposed of. There was a fatal
variance between the libel alleged and set
forth in the Indictment, and the article as
published, and so the prosecution broke
down hopelessly ia the offer TO read the
newspaper in evidence. The jury, by direc-
ton OF the court, returned verdict Of
"Not guilty." without leaving the box. We
never have feared any other result than a
triumphant acquittal upon the merits Of
the case, yet the attendants upon the court
room felt relieved upon finding that their
ears were not to be fIetted with the Oft
repeated and now stale harangue upon the
depravity of newspapers in general, and
the Press and Herdid in particular, especi-
ally when discussing the late public guard
ianship Of the country. The sense
of satisfaction at the verdict seemed
to be not at all confined TO any
particular class of spectators. The utter
righteousness of the proceeding was ap-
parent TO all, and no one, outside the case,
seemed TO regret its sudden and just con-
cluson. For aside from common sense
Of justice, the people of Knox county, upon
whom bill OF costs amounting to about
$500 has been cast by this prosecution, have
a personal interest in seeing an end put to
the use OF their Courts OF Justice for the
qualification Of personal malice at the pub
lie expense. r.a.rr.-.. ..1-r H.r.r.
The Ed tor and Pub sheIs of the Press
and Herald were ably and successfully rep
resented IN The trial by Messrs. Brown,
Cooke and Houk. Mr.. III. II. Taylor, as
District Attorney pro ten, honorably rep
resented the State. The prosecution, it is
hardly Necessary to state, was represented
by John Baxter. The people of the coun-
try are now represented in an enormous
bill of cess. So endeth another chapter.