Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-07-13
DAILY RECORD
LIBEL.

any hHoWirobe Is tn0t OF Judge daWklns,
of the Supreme District Court at New
Orleans, against the Picayune newspa-
per of that city. The suit grew out of
some severe comments of the Picayune
upon the official conduct of Hawkins as
Judge of the Supreme District Court,
The ibelous article was published on the
23d of February last, under the caption
Of THE Usurper Hawkins, and is very
severe in its structures. Wequote par
agraph as a specimen;
But why do our people, with these two
reports before them, continue to endure
that monstrous party creation, the Su-
preme District Court How much Ion
ger will they quietly submit to the de-
crees OF a bastard Judge or a bastard
Court, created by bastard Legislature?
Have they any respect for that compound
Of perjury and perfidy. Judge Hawkins,
who assumes to preside over the Court
that was specially created to reward him
for violating his duty and his oath rs a
returning officer? How much longer
will the members of our bar continue to
itibrhiLt WIS lAlNStil NlIbulldi anu lAs pei
jured Judge?
The language used certainly would not
tend to the creation of amicable rela-
tons between the Judge and the Plea
yune. On the trial of the case in the
Fourth District Court OF Louisiana, the
defense sought to prove that the charge
of perjury was true in general sense;
but the Court ruled that proof could
only be admitted to show the truth OF
the charge in its ordinary or its techni-
cal Specification of ga crime indictable
under the law" In this sense the de-
Tense declined to undertake to establish
the charge, and in summing up the case
for the jury the Judge said:
The plea of justification must be as
broad as the charge: that is, if the charge
is perjury defendants cannot, on the plea
of truth, prove anything else than the
charge of perjury. They cannot be al
lowed to prove any less offense or any
other otfense. II defendants have failed
to prove in this case anything less than
the crime of perjury, they have failed in
their defense, and there must be a yer-
diet against them.
The jury gave verdict of $4,000
for plaintiff. The case has beeen APP
pealed to the Supreme Court of Louis
lana, and its decision will be final. In
the interest of good government and the
peoples rights, We hope the decision of
the District Court may be reversed.
Under the ruling of that tribunal the
press would be eff'ectually muzzled The
press could not criticize any public Off
cial not liable to indictment without be-
ing subject to prosecution for libel By
way of illustration, we will cite case or
two with which our readers are familiar
1t was stated in the RECORD on Tuesday
last, that Harrington, the slayer of John
II. Lynch, had previously killed three
men. 1t would be great hardship upon
the publishers of the RECORD to establish
the state of facts set forth, legally and
Enthusiastically, in order to defend them
selves against an action for libel. And
suppose it could be shown, legally and
conclusively, that Harrington had COM
mitted two murders before he killed
Lynch, how sublimely ridiculous it would
appear for Harrington to be brought from
his cell, where he awaits his impending
doom, to prosecute the RECORD proprie-
tors for charging him with three muir
ders, when he had tasted human blood
but twice before. Yet under the ruling
OF the Court at New Orleans Just such a
case might arise. Again: In the interest
of the public, we have denounced as an
extortioner q man who seeks to vent his
personal spleen upon certain parties in
Phoebe by charging an exhorbitant price
for ice. Under the ruling referred to,
the denunciation of the RECORD would
be libelous. The ruling of the District
Court in the case of the Picaynne is
absurd, in that it declares that "the
plea of justification must be as broad as
the charge If a charge Of Perjury be
made it must be sustained legally,
although it may be notorious that the
party charged dixie too many we fear,
IN this community is VIGOROUSLY I'M
truthful, and in the estimation of all
good citizens would not hesitate to com
init perjury were it necessary in order to
save some friend or accompice from the
gallows. We await with some anxiety the
decision of the Louisiana Supreme
Court, lest Harrington, after his acquit-
tai by the periured testimony of willing
witnesses should successfully prosecute
the RECORD for libel.