Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1877-12-27
The Daily Press and Dakotaian
VERY EVENING EXCEPTING SUNDAYS

Cedaf-DuHack'S BLOCK.
BOWEN & KINGSBURY, Publishers
THE LAW OF LIBEL j.
Judge shannon's Charges to the Jur,
Contain Some Important Informa-
tfon ON this Subject.
We give below the charges of Judge
Shannon to the jury impannelled to decide
on the recent libel case tried in the distric,
court It'll a clear exposition of the law,
and contains much valuable information;
The TERRITORY OF DAKOTA,
Maris Taylor and james Taylor.
AT Nov. T. 1877. Before a jury I'D Dec, 1877
CHARGE.
GENTLEMEN OF THE JURY This is ar
Indictment tor an slleged libel Our law de
the jury have the right to determine the
law and the fact.
First-what is the law of libel?
Every person has (suhject to the restric.
tions and qualifications provided by law)
the right OF protection from bodily restraint
or harm, from personal insult, and from de.
famation.
Defamation is effected by libel or SANDER.
But apart from any civil action for mere
pecuniary damages, the law declares libel
10 be public offense, and to be prosecuted
in the name of "the territory Of Dakota. ~
public ofense is an act or omission for.
hidden by law, and to which is annexed
upon conviction, punishment prescribed
in our psnal code. The commission of q
public otfense affects, therefore, the reace
and dignity of the entire community. tc.
wit: of the territory;" and so this indict.
ment concludes.
Although it alleges the preparation of a
libel, and also that such libel is "to the
great damage and scandal of John L. Pen.
nineton," yet by your verdict (if it should
be against the defendants) you cannot award
any money damages" to that individual,
Our penal code defines the nature of the
various public offenses; and classifies libel
as one OF them, and as an ofense against
the person and his good name, or reruts-
ton.
Any malicious injury to good name, other
than by words orally spoken, is libel, To
exolain ANY malicious publication by
printing, which exposes any person to ha.
tired, contempt, ridicule, or obliuuy. or
which causes him to be stunned or avoid
ed, or which has tendency to injure him
in his oc( upation-is libel, under
OUR PENAL CODE.
And "eyery person who willfully, and
with malicious intent to iniure another
publishes any libel, is guilty Of a misde.
"meaner."
What is the meaning of this word "will-
fully?
The term "willfully," when applied to
the intent, by which an act is done, implies
simply purpose or willingness to commit
the act referred to.
What, in the next place, is the meaning
of the other word malicious" in the above
definition?
The term malicious" when emploved
(as it is above), to designate, or qualify. the
intent with which an act is done. imports
wish to vex, annoy, or injure another per-
son, established either by proof or presump-
tion of law.
When is an injudicious publication pre-
sumed to have been malicious? Our penal
code, section 312, declares that an iniudi-
cious publication is presumed to have been
malicious, if no justifable motive for
making it is shown.
But how does our penal code guard the
rights Of defen dants?
The answer is that by section 313. "in
oil criminal prosecutions or indictments for
libel, the truth may be given in evidence to
the jury, and if it shall appear to the iury
that the matter charged as libelous ia true
and was published with good motives and
Tor justiiable ends, the party shall be ac-
quilted"
Again, does our penal code any further
guard the rights of the accused persons?
Yes-and in the interest of the tnews-
paper press"
For by section BIG, that code declares
hat mo reporter, editor, or proprietor of
my newspaper, is liable to any prosecution
or q fair and true report of any judicial.
legislative, or other public official proceed,
ngs, or of any statement, speech, argument,
II debate in the course of the same. except
lpon proof Of malice in making such report.
Which shall in no case be implied from the
mere fact Of publication"
Is this privilege expressly extended to
eporters, editors, and proprietors and news
and clear, or il it not.
Transpose it. and see. For fair and true
eport Of any judicial, legislative, or other
ublic official proceedings, or Of any state
,ent, speech, argument, or debate in the
curse Of the same, no reporter. editor ' or
roprietor of any newspaper, is liable to anv
The non-liability for such fair and true
sport has one exception, to-wit except upon
roof Of malice in making such report, etc.
By section 317, it is prescribed that
belous remarks or comments connected
ith matter privileged by the last sectionn
o-wit, section 316), receive no privilege
: reason of their being so connected"
B 1T what if such report in q newspaper
lould be neither fair nor true:
What ifit should be false. These things
e for you to inquire into and determine.
All the authorities quoted agree, 1 believe,
'at malice on the part of publisher of a
lpsr, is conclusivsly presumed, or in !
rred, if the publications are false.
In this case. you have, repeat, the right :
determine the law and the facts.
In case of reasonable doubt as to whe.h-
the guilt of the defendants is satisfactorily
own, they are entitled to bs acquitted.
But the doubt must be reasonable, and
ust not spring merely from wish Or de-
e to acquit irrespective of the law and the ;
idence.
P. C. SHANNON. :
a hi.