New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-07

facts % found tho Court held that
portion Of The Repablioan's charges was
proved true. The charge which was not sub
stantiatcd WAS contained in tho words, THAT
"having despoiled the city Of q large sum OF
"moncy, he is using 1t to obtain more.' The
defense, having failed to establish tho truth OF
this, claimed that, whether true or false, 1t
was spoken in good faith, without malice, and
in honest purpose. Upon this point we quote
the conclusion of Judge EndicOtt's decision:
think that declaration by citizen, relating to
matters that he knows made In good faith. may lie
privileged But the law also requires that IL shall he ex-
ercised within certain rules and restrictions have
admitted tho Testimony upon which Mr. Bowles Is sold
to have acted, but proof upon this point has been
brought forward Direct malice, proved IL the end or
privilege can't cay the evidence tina there was no
express malice. Mr. Bowles had been engaged in a
heated controversy with Mr.. Phelps. and. az bearing
on this question Of al feeling. the evidence Is very
decided that there therefore, express malce-that
state Of feeling which tho law defines such Tho ex-
tent OF do not consider important or that MT Bowies
may baye been actuated by other motives than tins
Tho result then s evidence having been adluced on
the third count and the plea Of justification by truth and
privilege having failed, there must be n finding for the
plaintiff was careful to enumerao In the earlier por-
ton Of my opinion somewhat In detail the evidence
brought In concerning the elections because 1t becomes
important when the claim for damages considered In
assessing damages that amount shall he awarded which
the paina, he appears In the evidence before the
court Is entitled to ia the injury dono TO his good name
do find that Mr. Willis Phelps guilty OF Illegal
and improper PRACTICES and apary to influences cor
rupiug to the community and the only question what
man is to receive when such facts published He Is
certainly not 10 large dala5cs; Judgment Is
therefore entered for 800.
Mr.. Bowles, not content with anything but q
clean decision in his favor, proposes to take
the case up for review, the present result hav-
ing been reached upon purely technical grounds.
This he does in the interest of the press of the
country as well rs of the honest voters and
taxpayers who look to tho press for truthful
information and timclJ warning. In his re-
view of the case no says:
There has never been better time better case for
thu purpose. The issue Is simple and clcan-cut os
could DO Desired We think the formal verdict should
have gone with the moral verdict We intend 10 consult
the highest judicial authority in Massachusetts MS to the
correctness OF that opinion Ii the Justices OF the Su
prelne Bench decide against il the law III such
state that new spapcr can he condemned and punished
even in tho smallest and most formal degree for diS-
charging conceded public duty Of the plaicst obiigl-
ton and for rendering conceded public service OF the
highest utlitythen the sooner the fact definitely as
certaned tho better
Mr.. Bowlcs has made in this matter a manly
and straight forward fight, meeting the issue
squarcly and without any evasion. and de-
serves the thanks Of the press OF the country
! for ii,