The New York herald., 1872-12-25
LIBEL I'M PHILADELPHIA.
Fornsy's City Editor Arrested and conA ictsd on
Charge Of Libel Against David Laas-
Novel Method Of Treating the Subject
The "Press'' Escapss-Strong Points
Submitted by the Defence.

Il
PHILADELPHIA, Dec. "a. 1872
/ There Is q general excitement In political and
newspaper circles here tonight over the convic-
ton OF Mr. Cathcart Taylor city editor OF the Press
for libel, the suit having been brought by one
David II. Lane, q politician Of some local promi.
vember rs last.
When Mr. Lane read the article ne approached
Mr.. Taylor who, IL Is alleged, informed him l.anc)
that the article was not intended % reflection on
him, aud the Press the next day came out with
THE FOLLOWING CORRECTION.
Z @ ays a ss q & as
OF distlery were contrbutors 10 tud for the
pn,poss g influencing certain ssyenae ocsls = was
@ sn Ssa tsse aS rf Il ss sn 4t
saia BE- likely be aiec.sd. party ,nterest
Il II ss D. ssS e % As n
SGns hs nusiss e. Of e. prI A. his name in srcs
:ss pSDSa his
aa hs ES hss Z saS 5 tor in
This, however. did not satisfy Lane's woundet
honor, and, probably urged " the ring or local
politicians that were 80 strcnuousiy fought by the
Press In the last campaign, he concluded to bring
CRIMINAL ACTION OF LIBEL,
not against Mr.. Forney, tine proprietor but against
Mr.. Taylor, the city editor The trial began yes
terday morning, in the Court OF Quarter Sessions,
before Judge Paxson. Although Mr.. Lane was'the
victim OF the alleged libel the suit not brought
In hn name, but at his complaint which wss
TO me effect that the Kbel was. an 10.
Jury 70 the people. In thac Mr.. Lane was.
In this instance but ngurehea6-in fine, the me-
d4um thsough which the liberties OF the people
were sought to be trampled on and assailed. Asthc
laws OF Pennsylvania are translated and under
stood. ~ = claimed, the greater the truth the
ginning, that Taylor's chances OF asquittal were
very sllm The Commonwealth was represented by
Taylor byMr. BENJAMIN Brewster, J. Howard Gen.
del and'Georgs $. Crawford
TnE COURT wAs CROWDED,
great number OF newspaper men being present,
several OF whom were called as witnesses to give
their opinions % a. experts as to who was intended
graph, and Mr.. Green, of the Transcript gave 1t
their opinion that Mr.. DAVID II. Lane was the man
Intended in the alleged nbell0us article published
Mr.. Taylor, In his testimony, made statement
tilery and the points about the Mara case. He had
had an interview with one M0untjoy an ex-c0nvict,
who was recently discharged from prison; Mountj0y
was at one time whiSkey operator OF note, but
was detected In some fraudulent acts and con-
signed to the penitentiary. Mr.: Taylor thinking
him, accompanied by shorthand writer, 10 take
notes or the conversation. The following Is the
statement OF MIR. Taylor With reference to the con-
MouNrsoYs STATEMENT
ns ss. M @ % o s y.n csdas e
corder Of Deeds. Mountoy started 5000 had been col
I: ssss H.. s s
4i sf @ va. said sc M%
syen aF sssiSSer'h: sas i 5ss.,es INN aidas
he said That Walton that time partner
ne
and McRodden interested; he was distiller
Sn s .ns s%s das aGns Ss s' pe ss
week, and i passed through Mr. Waons hands because
Shsr oaisal: TINS hs% spnnssiiSS Win The isss
' @ Ssss ass Sl:ls:: SS:s Ss
Il. y s.ns
e.
and i've as he had been DONG driving horses &c;
was Mr. Mountoy's asked him one q two assstions
him IN Il. ne yS waSn an s had R s wsGs
could he live as did he said that
onss he ss s S
ssss"Ss sia e s
ss III fa SoasSy M
Mr.. Taylor was the principal witness Yesterday.
Having listened to his evidence the Court ad-
jOurned until this morning.
on convening the Court this morning the defence
submitted the following points--
POINTS OF DEFENCE SUBMITTED.
First II must be malice in the legal which Is
7
!sn ns w Hss
In application TO particular personh must be generally
pcrceived hnh the jury must consider the intent q
Ss for esnSan SKIN The subject Of
proper public Information and hereose priviegcd;
seventh IL the DESCENDANT as newspapex editor hon
Ingredient to be considered by the jury ninlng
whether the publication was libel that Is whether
exceeds The G ~ iair anu rn pIGpsn % Sn
there must be aycrment in the indictment that the
David Lane intended 70 be described as enc of
the contributors that und raised at the Malta and that
not having the defendant mustbc acquitted.
| THR HISTORY OF LIBEL spITs..
Mr.. Brewster In an sble speech reviewed the
history libel cases from the sixteenth century ia
/ the presen dny from historical faGts. He proved
that libels were originally instruments OF oppres-
| sion. BY gradual stages Mr.. Brewster traced the
/ history OF libel down to the time that aristoc
| racy OF weallh aud power used libel to- oppress
their enemies or those who STOOD In their way TO
| the present time, when an arlstOcracy OF p0ltti-
i cana who come into power by &peryersion Of the
i public wtlls would destroy one. man because of
i reflections upon others who dared not come into
/ Court to prosecute. The comments INDUCED in by
Mr.. BEewster on Lanes career were not all compli-
Mr.. Brewster was followed by the District At.
| torney who having finished, sat down, and Judge
| Paxton charged the jury.
After deliberating fifteen minutes verdict ol
| gully was returned. Sentence was postponed,
| Mr.. Taylor has the sympathy OF the respectable
members the profession In this city, and Will, at
tDeAr earnest suggestion, make application for q
naWJtrlal.