The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-07
THE wINsToN-ENGL1sH ACTION FOR LIBEL,

Liberty OF the Press Involved in 1t.
To THE EDITOR OF THE HERALD:-
Your correspondent, Mr.. william K. McClecs.
puts some pertinent questions" undoubtedly,
regarding the Winston English action for libel.
Mr. McClees, however, views 1t from the light OF q
pollcy-hOlder only. desire that it should be looked
at from higher standpoint, In the interests of the
public at large.
1t appears to me that the real liberty Of the press
Is involved In the proceedings taken already in
this suit. l am no advocate for freedom for the
press to say what 1t pleases on public questions
and public men. do not want '.licensen instead
OF 'liberty." am not inclined to limit the power
OF law of libel. I would rather extend It, say
II Mr.. winston has been libeled he ought to sue
fer damages by all means. That should be his
legitimate right.
Bat Mr.. Winston has not brought any action
for damages, legally, against Mr.. English. All that
has yet been done Is just this :-Mr. winston has
made AFFIDAVIT that he is about to bring an action
for certain alleged libels in the Insurance Times
and that he believes Mr.. English will leave the
State, and he asks that Stephen English shall be
arrested and held in custody unless baied to the
extent OF $4,000. And accordingly Mr.. English
has been arrested and Is in Ludlow Street Jail
although in reality no action for damages has vet
been brought, no summons and 'plaint" served
upon him, and no offence whatever committed BY
him.
This is said to be "a free country" know Of no
other civilized country where any man could be
boast Of "a free press" know Of no Civilized
nation where IN contemplated action for money
be so deprived OF his liberty. Do you
In England, ireland or Scotland, If such an action
were even mlly brought Mr.. Winston could not
taxed" his costs and entered his Judgment. The
Sherins service could not be called into reauisi-
ton until after the final decision Of the case before
o Jury and the Judges.
In the face Of such facts as these 1t appears to me
little snort o. mockery to tell me that 'ths is
Hee country" and 10 boast OF "the liberty of the
press" In IL.
II Mr.. English were at home in the county Clare,
freedom and incarcerated in a prison. II were at
home In the county Leftrim, Csnnaught, Ireland,
nSt saes ss Sase o Snr ing
who fancy that they have been libeled by the
press be allowed to await a verdict OF their peers
before tney OBTAIN power 10 arrest any editor or
There is no offence Of any kind proved against Mr..
beie Of Mr. Winston that Mr. English gE5 'n MS sy
leave the State. Mr.. Winston does not believe any
thing Of the Sort His lawyer merely put IL In the
affidavit for him, and this Sabbath-schoo superln-
tendent swore 1t accordingly. And an allega-
ton Of this sort respectable citizen is
II Mr.. English were some rum. saloon bully. com.
uniting depredations on society. he could enjoy
perfect freedom in New York; but as a respectable
gentleman, conducting respectable, upright and
ably managed insurance journal, he il deprived of |
his liberty, even without any complaint being VET |
legally made against him. much less any case being
e established before Jury. e
This appears to me to be the great public ques- |
tion involved In Mr.. English's arrest II is one |
which Affects the entire freedom Of the press in |
America. AS an old pressman, anxious to preserve |
ITS liberties, put this issue above any mere dol
lars oil policy-holders' moneys which Mr.. Wins
ton may be squandering in this matter. hope
that MIR. McCiees is patriotic enough to do the
same.
sucn power in law as Mr.. Winston has put in
force ought not to remain on the statute books OF
the state OF New York for o month with the Leg
lslature In session. IL ought to DO at once re-
pealed. Where any one sues for libel he should
have to wait for verdict before being able TO
touch proprietor or editor sued for damages. II |
man feels that he has been seriously lbelled let
him take criminal proceedings II he likes; but II he
takes civil action for damages let him wait for
his verdict and his money. Yours, truly,
JAMES ALEXANDER MOWATT.
032 PUTNAM AVENUE. BRo0KLYN. Il l.. Feb. o. lS7a