The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-04-24
COLUMBLA..S.GG. c..
Saturday Morning, April "A, 1876.
The Charleston Libei caaa.

frequently drawn by ON irresistible in
stinct to the scene where he had COM
mitted the crime Of murder, Whether
it WAS injured innocence which defied
accusation, or the working of that mys-
terious influence which appears to forbid
that man shall lose the memory of any
great wrong he has committed, which
induced Bowen, Sheriff of Charleston,
to brave n suit Mt Inv, in which the de-
fendant would have the right to repro
duce the facts Of his life, and to show
the proof of his crimes. it is likely to
prove equally unfortunate for him. In
tho libel suit which he has instituted
against the editors and proprietors of
the Charleston Ne,cs and Courier, the de-
fence unhesitatingly admits the publica-
ton Of the alleged libel, admits it to he
pri'na fdcie libel, and assumes the
burden of justification. BIr Corbin,
who assists the Solicitor on the part of
the State, refers to sections of the Bill of
Rights, incorporated in our State Consti-
tution-the first guaranteeing freedom of
speech, writing and publication, with
responsibility for the abuse; the second,
being in the following words: "In prose
cutting for the publication of papers in
vcstigating the official conduct of officers
or men in public capacity, or when the
matter published is proper Jor public i'll
formation, the truth thereof may be given
in evidence, and in aIl indictments of
libel the juries shall be judges of the
law and the facts" Commenting upon
this last clause, the counsel admits that
"thcse publications aro privileged. TINT
is, every newspaper publisher has ~
right to publish, if the matter is proper
for publication"
1t would be for the defence, lie said,
"to show, if they could, any legal excuse
or justification for the publication" The
defence accordingly has maintained that
tho matter published was concerning n
public officer, a man in public capacity,
and of the deepest interest md necessary
for public information. The proof which
it has produced has been of the most
overwhelming character Ms to tho con-
duct of Bowen. The testimony of Eli
G. Grimes, as given in the proceedings OF
Wednesday, is q staggering blow, from
which it would seem impossible that any
man could recover. It prostrntcs Bowen,
but it remains to be seen whether it will
be allowed its full force rs Justification
of tho plaintiff. From the glance which
wo have been able to take at tho proceed
ings. the trial appears to be proceeding
upon this basis. The celebrated saying
Of Lord Mansfield, that "the greater the
truth, the greater the libel" would ap-
pear not to be applicable to tho class OF
cases to which this ono belongs The
clause from the Bill Of Rights, which We
have quoted, seems to make special do
main, where the principle Of justification,
even in criminal prosecutions, rightfully
comes in. In other words, the publicn-
tions concerning Bowen were directed
against him as q public mnn, were proper
for public information, were not, in the
technical sense, malicious, and so their
truth may be shown and given in cvi
dcnco. by his imprudent appeal to tho
law, Bowen seems likely to work himself
into the place of the defendant, md tc
quit the Court with his bad reputation
made worse, and with the old matters
against him SO freshened and so strongly
brought out, that he will have to face
them, not rs justifying another, but Il:
fatally criminating himself