The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-10
THE WINSTON.ENGLISH LIBEL SUIT.

LUDLOW STREET JAIL,
NEW YORK, March O. 1878. !
To the Hon. ERAsTUs BROOKS, Member Of the Con-
stutional Convention, Albany, New York.
SIR beg to call your attention to the great
hardship and injustice to which editors and pro-
prietors OF newspapers are liable who faithfully
and fearessly perform their duty. The press is OF
little and entitled to little respect unless 1t IL
conducted with public spirit and energy and rem
dered OF efficient service In exposing the corrup-
tion and fraud from which the honest portion OF
the community suffers. We should rightly esteem
that editor a recreant who, with full knowledge
OF the delinquency Of an officer in an important
nduciary capacity, fails to denounce him
and prevent him from still preying upon
his connding and deladed supporters. Yet as
the law stands by fulfilling this manifest
duty he incurs the penalty Of Imprisonment for an
unlimited period. The party he accuses OF crime,
however guilty, may bring a suit against him for
libel aud by claiming excessive damages and
swearing that he is about to leave the country
may have the bail fixed 80 high as to make its pro-
curement by the defendant impossible, and thus
subject him to incarceration in jail. You will per.
ceive the great anomaly here, as the accused is
enabled to punish his accuser before trial and
brand him for his efforts in behalf OF justice with
the disgrace which ought only to attach to the
guilty. Is not this tenold worse than imprison-
ment for debt. abolished long agoP Icordialy ad.
falsehOOd; but the party accused Of crime in the
public press should not be allowed to act Is
e
true % gospel The exposure ought, at least to
be proved libel before its author is visited with
as severe penalty as could be inflicted upon him
efteI tElAl and condemnation.
NY own experience furnishes q case In point.
OF se S
surance Company OF this city, and although they
had previously VIC appeared In various Journals in
made In public meetings, and had been the subject
OF departmental investigation under oath, Mr..
$4,000 damages ' had the BAH AK xed at s4oooe,
which would require b0ndsmen to justify In real
estate to the amount OF 100000 In consequence
OF TINS action have been in jail five weeks, and
although have twice procured orders for the ex-
animation OF Mr.. Winston, with the view OF estab.
fishing the truth OF the alleged libel from his own
testimony, he has by influence and legal quib-
bling evaded this just requirement, and kept me in
prison to my great pecuniary loss and personal
l make this brief statement to you, who are
yourself an editor, with the view OF Inducing you
to undertake the reform of this abuse. man ac-
cused OF murder or robbery can only be impris-
oned very limited period before he is allowed an
opportunity to face his accuser and exculpate him
self In open court, II the charge against him is
not sufficiently established to justify his committa
he Is set free. Why should or any defendant in a
civil suit be denied this manifest right l have
committed no crime, and 1t was, on the contrary
for the resolute performance Of public duty that
i was rucu bVIcstcu anu luPTtsOucu, auo YET AN
refused the privilege accorded to the worst male.
factor Is the law just or equitable that denies me
the right to face the man who persecutes me and
establish my innocence out Of his own mouth in
open court
held that it is fatal to the liberty Of the citizen
| 10 permit any man on an eLpdrte statement, to
| employ the law as an instrument OF revenge and
oppression. perceived this evil when was on the
! oyer and Terminer Grand Jury last December,
and protested against the wrong Of ndicting per-
sons on such evidence, and without permitting
them TO meet their accusers, OF forcing them TO
give heavy bail or go to prison. We profess TO en-
tertaln great horror OF the practice In despotic
| governments OF throwing subjects into jails and
Keeping them there for months, without giving
them chance TO Justify themselves in the presence
OF their accusers and thus regain their liberty but
the law IN this state which is supposed TO have
tender a regard for the liberty OF the citizen, is
equally, II not still more oppressive. Cannot the
Constitutional Convention remedy this monstrous
anomaly in the land that boasts of its freedom,
nperauty ana eniightementY am, yours, respect
| fully STEPHEN ENGLISH
Editor and proprietor the Tnanunce Tymes, late
President now Vice President OF the "People's
Municipal Reform Association