The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1874-04-09
About Libel.

good deal has been said, dufiDk TINS Term VI
the Court, about the law Of libel, and Judge
Hubbard has put the strictest construction upon
the s,a,ut.. Lawyers tell Us that the feunsyi-
,.,;. li,,rl laws are much more rigorous tnan
,,-.. md from that State Gomez case that is
.,,n,,., identical with our own. The AGILITY and
lrarning Of Phiiadelphia lawyers has passed into
a prov.rb; and in that city, IL is TO be presumed
that they select at least rs able men for Judges
as they do in the Districts Of RaHsas.
In the Philadelphia case, ysssyh r. Reed, re-
porter of the Sunday 7ines, Mas fried for publish
ing libel upon the Chief IF Police Of that city.
Judge Finletter, OF the fhiladeiphia Court. in
his instructions to the jnfy, Affirmed the points
of the libel law, rs enunested by Judge Dean, of
the Cambria County Court, in a similar case.
The defendant was not only allowed to show how
he obtained his infurmstiou, Int also the circum-
stances leading to tho ,uppostiun that the stute-
ments were probably true. Had We been given
but half the same cbaiice, We do not think that
the jury Nould have lost any sleep from nut be-
ing able to agree upon , verdict.
The following the points in Judge Finiet-
ters INSTRUCTIONS:
the fury find that the alleged hbeous matter admits
and m. other MT they bound in Law ts pnt upcn IL
tat constructions which ID not Ebeous and TO acqut the
defendant
Even the allegations In the article, false, no
malicious intent existed there was no hbei.
Even N the article II hbelcus, IL no malicious intent
existed the defendant would he guilty under the law
The subject Of the article being proper matter for pub
Lie information IL far privileged that malice Is not
% presumed vm TACT Of publication a. IN other
bels but question Of malice must he decided BY the
Jury from the character Of the alleged brl"u. article the
circumstances attending It's publication and any other
evidence IN the tending to explain the intent .
The rule Of law to the presumption Of malice ro
qualification Of hbelous article thswhere the pubca
lion Of hheious article hiss been proved unacenmpanied
by xny evidence which explains the intent the law pre-
mes from the beous character Of the article that was
pubshed malicously but where there attending cir
calculated To explain the intent the question
| of malice Ii for the Jury. -
A the person referred the article complained of
in the Indictment person In official position any in
formation concerning bis official conduct proper for
public information. II for the purpose OF the deirn
dant acting newspaper reporter. 70 give the pnoc
such nforsiou the occasion Of the publication was Law.
| ful and the defendant Justify or excuse It.
The occasion being lawful II the defendant proceeded
with good motive upon probable grOunds reasons
which were apparently good and the supposon that
the made 70 him under oath by Linn and en-
bodied in the article oompained Of true his action
was excusable and he Is not guilty Of publishing mali
reasonsbIa d"ubt either the libelous character
Of the article the malicious intent Of the defendant
| titles him 10 scquittal