New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-11-19
THE COURTS.
THE CHALLIsS-wOO LIBEL SUIT
hinge FoWLER's GROUNDS FOR KEBPING COL
Moon IN Custody.

THE CHALLIsS- Woodruff LIBEL SUIT.
JUDGE FOwLER's GROUNDS FOR KEEPING COL.
BLOOD IN CUSTODY.
Justice Fowler has given the following Writ
ten decision IN the case Of Mr. Luther c. Chass against
James H. Blood for libel in conjunction with Mrs wood
hull and Miss Tennie c. Cahin;
Tha nrsoper lanes H. Blood arrested by war
rant sued upor the complaint Of Luther C. Cbass Tor
having Jointly with other persons named III suen co
plant, nnawfuly and maiclousy puDsneu u anu 1V s
Wooaaxi GiaIfSs weekly certain libelous matters
with the design and intention nh ~ famy and disgrace
An Examination having boon demanded by the prisoner
in regard to the oense charged, full opportunity las
been Afforded TO tho prisoner and to the prosecution 70
produce such proofs as they desired Inc duty osF2D
Ing as the MAGISTRATE Issuing ' hs srr sst
was to whether an onense against tue Jaws
had been committed ana wheIn o iSsreo
Tho libel complained OF Is OF an exrdordlnary chac-
10 'bonad seIdnm oolutes the columns OF any public
print These matters, II true or the cOmpainun', MV
deserve from the community It's abnorrence ana be
ton The publication OF the newspaper containing tio
libel Is fully proved The prisoners delense ISsS pg ne
two grounds first that the charges contained sscond
libel are true and the publication Is tustnaOei
that the OF the prisoner Blood VIII t Sor
Son was SGl that q S SgMq Mr. " and
sdn the proprietors Of the newspaper puOn'nne '"'
In order N ,ustify the publication 1t is necessary
not only to prove the truth OF the beogs cd o
show that the publlcstlon Was mn nrsnUer attempts
70 pPoye the truth OF the libel requires that te
justification should be as broad ana Iu a. "a s Snsde
and that each charge must be suOstantlateu as mne
It would not bo enough 70 prove one Out va 49,,
beOus charges. In the present case Lne V ne fct
that the complainant ATTENDED the frencn pan as 's
Academy OF Music. 10 every other m .h eyera
charges made the libel. There mas oecn sn a,obs
to show good motives on ,n the 9aE ps the paie
iicatiOD IN a desire to benefit sOciery; Dut giving
al e credit TO sUob desire rs dese1Ves tnese
n instiacation Tor the calculation 81 such grossly &C.
fanatory matter without the clearest proofs OF tue
ruth of the charges In the absence Of such proofs the
motive claimed TO have prompted the publication LOOKS
ike pretense 10 cover the Justification OF q spirit OF de-
traction much than 10 improve the pubic mOrds
swears that making the publication the propretors
not actuated by any personal il-Wl tOwsTu tIe
complainant Even II tins were so, the other clements
OF Justification OF the libel not being shown, the want
malice fact does not excuse the libel Malice ia
law imputed malice Is chaTgeaDle where, as IN thls
case wrongful act Is done, Intentionally WITHOUT just
cause or excuse -. .....,,,,, ,.,od
that having acted only the agent OF the proprleOrs
OF the newspaper publishing the libel upon the principe
of the legal m kim, respondent superior the prisoner
should held for the Oense Wniie II Is eoneeuea
that the principle referred to- especially appheaDs III
civil actions, Is tO some extent recognized III crluunaI
proceedings yet 10 can have no bearing on inc case III
hand. 1t is we'll settled by authority that while person
who employs an gent for the 0ense committed
through such medium yet the other hand the agent
had guilty knowledge, he will be Responsible equally
with His employer. Blackstone says; " III servant
commit trespass by the command or encOufagementO I
his master the master shall be guilty or IT, ,nogn Ide
master IN matters that honest and Legal Here It IL
abundantly proved, that Blood had fui knowdedge U
me Intended publication OF the libel In the issue OF the
newspaper about which he Is shown by the evidence 70
have acted lie cannot be exoneraeu from Lng S
eGuences Of his participation In tue Pubneaton
simnV because the prOpretOrs ayOw their 70
sssine ali the responsibility and swear that all blOou
did in relation 10 il was done by their direction
unon careful review Of the evidence am satished
maj Inv the publication OF the matter complained OF an
a,nse has been committed and that there Is prODaie
cause TO believe the prisoner James III. Blood, TO De
outIty thereof He therefore be held 10 answer
ny Indictment that may be found against hun Tor such
Ofense For the purpose Of securing the appearance Oh
the charact r of the Oense have fixed the sum OF
s. 600 as proper amount in which ne may DC heu u
bail. JAMES W. rV"L "u''''
Mrs Woodruff and Miss Clahin have refused 10 sign an
official COPY of their testimony given In this case at JEFF
fers0n Market.