New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-03-11
LIMITATIONS OF PRESS PRIVILEGES.

LIMITATIONS IA iAH"-'
THE INSURANCE LIBEL SUIT - POINT A'AiSoi
ENGLISH.
The amt of Frederick A. Winston, the Presl-
dent of the Mutual Life Insurance Company, against
Stephen English the editor of Tho Insurance Times Tor
unS which baa casa .oEsh several items In the news
naners has been decided 9 far o. he decision goes al
yersey to the defendant 1t will be
an order OF arrest was issued against English u
he was locked up in Ludlowst JAIL ana an order was
also granted for Mr.. Wnstons examination rev days
ago, however, motion was made before Judge Freed
man. in the Superior Court to vacate the order OF OK
animation the counsel claiming in his application that
he required his examination for the purpose OF framing
bis answer and ascertanng the facts relative to the
alleged corrupt acts of the plaintiff regarding the opera
lions Of the Company. Judge Freedman rendered MS
decision, yesterday, granting the application, which
amounts to refusal 10 permit the examination OF Mr.
Winston In opinion the Judge says that the defend
ant does not bring himself within the rules OF the Court
authorizing such examination by bis ahidavits nor
does he show that such examination Is required In order
TO defend his case that he could not get the neces
sary information from other source After speak
ing of defendants carelessness in not certifying us
position before uttering the alleged libel. Judge Freed
continues
I am not one Of those who believe that unlimited lib
erty OF speech OF the press Is improper because pro-
ductve in certain states Of society OF disastrous results
1t is TO the abnormal condition OF the body p0tc tas
ali evils arising from an unrestrained precision OF opn
ion must be attributed and not to the unrestraned ex
preston itself Under nd social regime and Its &C
cOmpanyng cOntentment nothing Is TO be reared from
the most uncontrolled utterance OF thought and feeling
That which is really contemplate ought therefore 10 be
exposed to contempt. and consequently derogatory
charges public Importance ought TO nave f puDnoty
To argue otherwise Is TO take the Maohayelan posi-
top that 1t is right for the Legislature TO be an I'M
posture organized hypocrisy that 1t Is necessary Tor
nation to cheated by the semblance OF virtue when
there reality; that public opinion ought to be In
error rather than truth, that IL well for the peo
conviction that the freedom OF the PRESS the right OF
journalists discuss matters OF public concern can
hardly be zeaously guarded and that In this coun
try than any other. the public press has great
mission fulfill. But In order to accomplish such mis-
the must not only remain fearless and indie
ton subject which though public affects the charac-
and good Of citizen, must be fair crltlcsm
III il such the publication will be held TO belong to the
class OF conditionally privileged communications BY
this to that the prima facie presumption or
malice which would exist from the language used but for
the occasion Of such rebutted. But this privilege
Is qualified and conditional IL cannot be used for pur
poses Of to crafty personal spite not
a privilege to make statement which the pubnsner
does not believe to be true and he volunteers to de-
fame matter In relation to which he has no
duty nor legitimate part OF his business 70
nation ought to be presumed false and malicious I'LL ne
proves Its truth, and such Is the law.
No benefit accrue to the DEFENDANTS present posi-
ton from any OF these considerations. As the case
stands at present he has not only neglected TO bring him
self within the rules and practice Of this court relative
code before ISSUE but has failed satisfy OF the
good faith of his application. For these reasons the
order and heretofore made and Issued must be
recalled with 90 costs OF the plaintiff.