, 1875-05-10

1At HaEAFH-H0" UU14s
This important case, just tried In Massa-
chuse.ts, is likely to become leading one in
tho definition Of tho limits to which news-
papers may criticiso the conduct Of PERSONS
having business OF official relations with tho
public. Mr.. DowLEa Is tho editor OF tho
Springfield Q1ass.) Republican. Mr. PKE1rs
is wealthy contractor. In 1871, sche1ne
for building several railroads making conuec-
tions with Springfield wns ngitatcd afr.
PHELPS has two sons, and one Of these was
elected to the Legislature, which Legislature
voted such laws rs voro needed to give legali-
ty to tho ache.no. A part Of the business
was to hayo tho City Of Springfield subscribe
$500, 600 In aid Of tho now line, which was
carried. Othor efforts Of like character
wero also made at subsequent tfmo. The
Republican, opposed al these things,
charging PHELPS md his sona with
buying votes, lobbying bills through tho
Legislature, and with having despoilod
tho city Of q large sum, aud Of using 1t
to got moro. It charged him with being
tho Boss TWEED Of Springfield, and defined
Twcctlia1n to be getting the controlling voice
On both Sides Of d trade; to stand at both
ends Of bargain; to act for tho public in
contracting with himself. These articles COW
cred several weoks Of public discusaion, and
PuR1ps brought suit, claiming $500, 600 da,n-
agcs. The caso waa tried before Judge En-
p1oorr without jury. and the Court, after
hearing tho argument, rendered decision IN
which ho reviewed the evidenco In detail, and
thus closed with a statement ct the results
reachod by him:
Taking tha faets ~ they srs found. think thas 4
| portion Of th4 lbel Ia provcA to bs true. II Ia
neceseary however, for tho defendants to proYe Tho
whals, There arc two leading chargcs-hs "bids TO.
tho city iobs," "opcnly buys vo.os," and "lobbis.
bills through the Leglsature y and, seoond 'hasna
eapoe The city Of large auln OF money he IL ttslns
to obtaln uose* do uot link that ths defendant
has offered any evidence this Last Charge II Ii moi
shown that NE. puktFs did t&ke part Of that mone3
hirnsef aud "s using It to obtain more, otc There
tnsy bs otlses cha.ges, though class them heso q.
| sccona. The avtleuca ahowa that money VIA az
pended and laid out reeklesAly and exsraSAgantly it
building pasasl road lato this city. This mish
| have bcon dono 10 get ! southern rold; the proc
ofogpd that Mr. pHELra had tried to lesae tho soat
would socn, To show why The road WA 70 built. HI
that docs not establish the Truth Of tho charges sad
by the familiar srles Of Law, X >hs defendant falls t
setabsh tho truth OF Ill he AsA ssd ths eaAs xauxt
given the plaintiff aud that nalios must h foun
| ilst sha Law requires.
On tho third count no evidence has hsen otsoro
hets, AlsAoIs41 thiuk IN tbs ans1af they sby II
prorod Then the detendauts sst up ths tho octss!o
VIA prsts1nRed, Mud, whsthos t7as u 9a!as, II Va
! | spotea In good faith, without malice aud III hone
purpose shall not 60 Into nios distinctions Ut III
;, Tins. thtnk that declaration by ono citizen, r
lstng to matters that hs known arc made tn goo
fatth may " privileged. But The Inv also yequiE'
thtt Il shall bs exercised within osstatn suleA aud
stftcoas. hare admitted ths testimony upon whic
Ill. DowL1a sAid 10 bare sot%d but no proof upc
this u<aat hss b$sn brought {orwtsd. DtrAaa nasle
= psosad, = ths ~ II psivtlskst eant ~ N u
Il tEiasaas tha ehAA ~ n t1ssala AsIlss u