The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1875-05-20
The Phelps.Bowles Libel Suit.

Phelps against Mr.. Samuel Bowles, of the
Springfield Republican, though nominally in
favor of the plaintiff, is claimed as an actual
victory by the defendant, since the damages
awarded (s100) are only nominal, and in COM
parison with the amount claimed (s200,00O)
insignificant and do not carry the costs; so
that each party pays his own costs. The facts
are briefly these: The Phelps family were
| largely interested in a certain railroad enter
prise which asked the city of Springfield for a
subscription in its aid. In various ways this
question of subscription entered into local pol
itics, and was made the subject of newspaper
comment. In the course of the discussion the
Republican charged the plaintiff with "openly
buying votes" and "lobbying bills through the
LEGISLATURE" and said that "having despoiled
the city of large sum of money he is using
it to obtain more" 1t also called him "the
Boss Tweed of Springfield" and "a public rob-
Der and public corr 1pter." This language is
certainly specific enough; it has strength,
meaning, virility. There was no mistaking
the editors opinion of the ofenses against
public morals with which he charged these
parties. The question to be tried was whether
the plaintiff had been guilty of such conduct,
and if guilty whether it was sufficient warrant
for the description.
Upon the suggestion of the plaintiff, readily
adopted by the defense, the case was tried to
the Court instead of jury. So the work be-
fore the counsel and parties was plain and
simple, with very little discussion of side issues
or introduction of unnecessary testimony.
Under the rulings of the Court upon technical
questions the defense was unable to introduce
testimony to show the common report and be-
lief at the time of the publications complained
of, or to justify the denial of malicious feeling
by cumulative proofs, but was shut up to the
necessity of establishing the fact of corruption
by the plaintiff himself and his own witnesses.
Upon this testimony the Judge in his finding
said that though no instance had actually been
proved of paying money to voters, the reckless
way in which funds were dealt out, the class of
men to whom they were given and "no ques-
tions asked" made the means employed hardly
less culpable, in the moral sense, than if open
bribery had been practiced. Whether the
election was carried by corrupt means or not,
it was plain, he said, that corrupt means were
EMPLOYED in its behalf And the Judge adds,
in commenting upon the vital Importance to
our very existence that our elections shall be
fairly and properly conducted: eff improper
influences are exercised upon voters, and they
are persuaded by those who have pecuniary
ends to accomplish, such elections are great
wrong; and those employing such influences
are to be condemned as class dangerous to
the community" Taking the facts as found
the Court held that a portion of the Repu6A-
cans charges was proved true. The charge
which was not substantiated was contained IN
the words, "That, having despoied the city of
large sum of money he is using it to obtain
more" The defense, having failed to establish
the truth of this, claimed that, whether true
or false it was spoken in good faith, without
| nj lIDOn
point we quote the conclusion of Judge Endl-
colts decision:
II think that declaration by one citizen,
relating to matters that he knows are made in
good faith, may be privileged. But the law
also requires that it shall be exercised within
certain rules and restrictions Ihave admitted
the testimony upon which Mr.. Bowles is said
to have acted, but no proof upon this point has
been brought forward. Direct malice, if
proved is the end of privilege; 1 can't say
on the evidence that there was no express
malice. Mr.. Bowles had been engaged in a
heated controversy with Mr.. Phelps and, as
bearing on this question of i'll feeling, the evil
dence is very decided that there was, therefore,
express malice-that state of feeling which the
law defined as such. The extent of it do not
consider important, or that. Mr.. Bowes may
have been actuated by other motives than this.
The result then is, no evidence having been
adduced on the third count, and the plea OF
justification by truth and privilege having
failed there must be finding for the plaintiff.
I was careful to enumerate in the earlier portion
of my opinion somewhat in detail the evidence
brought in concerning the elections, because 1t
becomes important when the claim for damages
is considered. In assessing damages that
amount shall be awarded which the plaintiff,
as he appears in the evidence before the court,
is entitled to the injury done to his good name.
I do find that Mr.. Willis Phel ps was guilty of
illegal and improper practices, and was party
to influences corrupting to the community +;
and the only question is what q man is to re-
ceive when such facts are published. He is
certainly not to receive large damages judg-
ment is therefore entered for $780,"
Mr. Bowles, not content with anything but a
clean decision in his favor, proposes to take the
case up for review, the present result having
been reached upon purely technical grounds.
This he does in the interest of the press of the
country as we'll as of the honest voters and
taxpayers who look to the press for truthful
information and timely warning. In his re-
view of the case he says:
"There has never been a better time or q
better case for the purpose. The issue is as
simple and clean-cut as could be desired. We
think the formal verdict should have gone with
the moral verdict. We intend to consult the
highest judicial authority in Massachusetts as
to the correctness of that opinion. If the JUS
tices of the Supreme Bench decide against US,
if the law is in such state that newspaper
can be condemned and punished, even in the
smallest and most formal degree, for discharg-
ing conceded public duty Of the plainest OBJ
legation and for rendering conceded public
service of the highest utility-then the sooner
the fact is definitely ascertained the better"
Mr.. Bcwles has made in this matter manly
and straightforward fight, meeting the issue
squarely and without any evasion, and deserves
the thanks of the press of the country for it.
New York Tribune.
SYDNEY SMITH ON KIssING.-We are in fa-
vor of certain amount Of shyness when a
kiss is proposed, but it should not be too long;
and when the fair one gives it, let it be admin