Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1872-11-01


for this county, to issue an order for the
Grand Jury to be brought into court for
special instructions relative to the law OF
libel. Mr.. CantweE stated to the Court
that on Saturday bill ST indictment for
libel against one party had been sent to
the Grand Jury, and had been returned.
not a true bill that he had since, been in
formed that the jury had refused to find
the bill for the reason that the party
charged had not written the article charged
as nbelous. He was also informed that
another party was concerned in the crime,
and be desired to send new bill. includ7
ing him. He had no hesitation in saying
that the parties against whom he sought
an indictment were the editors of the VIII
mineton JOURNAL. He asked that the
Grand Jury may be brought into court
and specially instructed by His Honor that
to print and publish in a newspaper an ar
ticle calling man a scoundrel, is sufficient
to constitute the offence of libel, even
though no special damage may ensue to
the party thus designated, and even if it be
manifestly absurd and preposterous for
such designation to affect iujuriousiy the
character, reputation or standing of the
party thus designated.
He asked His Honor to charge the jury
specially, that for the publisher of news
paper to call any high dignitary or judicial
officer, for example, a Judge Of the Circuit
Court of the United States, a scOundrel,
even though the idea that the Judge could
thereby be injuriously affected was prepos
ferrous and absurd, was libel.
He asked, further, that His Honor would
charge the Jury specially, that it had no
right to send for witnesses to rebut the
testimony offered by the witnesses sent by
the Solicitor.
The Solicitor said that in view of the cir
cumstance the Court being in session, sc.
be deemed it to be his duty to bring the
matter thus specially before the Court.
| His Honor said that according to Eng
lish practice, where, as in this case, jury
had thrown out a bill against a party, it
was not permitted to send another bill
against the same party during the same
term of the Court for the same offence,
unless additional evidence had been dis
covered.
Thereupon, the Grand Jury, in obedience
to an order from His Honor, came into
Court, and it appearing that there was not
a quorum present, the Foreman was
directed to return with his jury as soon as
quorum should be present
When the court convened in the after
noon session, the Grand Jury made their
appearance and awaited the charge of his
Honor. Our reporter was present and
committed to paper the substance Of this
charge, which, however full, makes no
pretensions to being strictly rerbGtina
report:
His Honor said to the jury that he had
been requested by the counsel for the
State to give them special charge as to
cases of criminal libel, and more especially
rs to what constitutes libel that will
subject the party to Indictment as distin-
| guished from that only actiOnable at the
instance Of private party. A man is en-
titled to bring an action for libel or SANDER;
but in only three cases is he entitled
to recover without showing to the jury that
his character has been actually DAM
aged.
LIST. Where crime is imputed and, as a
general rule, not only crime but felony.
| I'd. Where party is charged with hav-
ing a contagious or infectious disease or
malady, when such adjudication tends to
exclude him from the enjoyment of his
rights in society.
Sd. Where words are spoken or publish
ed regarding the profession or calling of
the party, tending to injure him in his
business.
In these cases the jury had only to be
satisfied with the proof to entitle him to
recover. These cases are not restricted to
words printed, but apply also to words
spoken, or SANDER. Libel is nothing more
than written or printed SANDER. But as to
criminal libel, the rule is that a man can
not be indicted for words spoken-they
must be written or printed.
But the law does not restrict the State
to those cases that are actIonable per sc.
All actions, all words, written of another
which are actionable per sc, are also in
dictable criminally in every case where
man may not be able to recover spe-
cially.
The law goes ful Their as applied to
cases not actiOnable per sc. A man pub
fishes you as thief: you bring an action,
show the publication and are entitled to
recover. 1t is actionable both criminally
and civilly. He calls you a rogue: then
the action is not civil and you cannot re-
cover damages unless you can show that
your character is actually damaged; fol-
here the charge does not impute felony.
Although you cannot bring a civil action,
still you can bring your criminal action
when a man publishes yon in a manner
calculated to bring your character into
public contempt; you can indict him.
A libel is malicious publication tend
ing to injure your character.
It is not incumbent upon the members OF
the bar to show further than is charged in
the bill of indictment for you to bring a
charge of libel. A grand juror who con.
of indictment, and refuses to find a bill,
remembering his oath, Is guilty of per-
jury.
There was a law in England where 9
man who published libelous statement Of
another could not show, was not permitted
to prove, that the language used was true.
1t was held, as Lord Mansfield said, 'sthe
greater the truth, the greater the libel."-
Yet in North Carolina, by public enact.
ment, a defendant is entitled to establish
that what he wrote was true, and if he
proves this to the jury he is not guilty.
It is difficult to imagine what other de-
tense a man who is published as scoun-
drel has but that which the law affords
In this case it is the duty of the jury to
inquire whether these parties charged have
been guilty of printing, causing to be
printed, or publishing, or causing to be pub,
the language charged in the bill of indict-
| mani ond if co then trnn hill mnSt he