Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1877-12-27
The Daily Press and Dakotaian
THE LAW OF LIBEL.

Judge ShannOn's Charges to the Jurv
Contain Some Important Informa-
tion on this Subject.
We give below the charges of Judge
to the jury impannelled to decide
on the recent libel case tried in the district
court 1t is clear exposition of the law,
and contains much valuable information:
The TERRITORY OF DAKOTA,
Maris Taylor and James Taylor.
AT Nov.T. 1871. Before jury ed Dec. 1877.
CHARGE.
GENTLEMEN OF THE JURY:-This is an
indictment tor an slleged nbei. Our law de.
clares that on the trial OF such indictment,
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.
tamation.
Defamation is effected by libel or SANDER.
But apart from any civil action for mere
pecunlary damages, the law declares libel
to be public otfense, and to be prosecuted
In the name OF the territory Of Dakota"
A public oftense is an act or omission for
bidden by law, and to which is annexed.
upon conviction, a punishment prescribed
in our r.nal CODE The commission of -
public ottense affects, therefore, the resce
and dignity of the entire community. tc.
wit: of the territory" and so this ind;ct.
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.
ninrtnn," yet by your verdict (if it should
oe against the detendantS) you cannot award
any money damages" to that individual
Our penal code defines the nature of the
various public oftenses and classiies libel
as one OF them, and as an otfense against
the person and his good name, or reruts-
ton.
ANY malicious injury to good name, other
than ny words orally spoken. is a libel To
ex9 9lain any malicious publication hv
printing, which exposes any person to ha.
tired. contempt, ridicule, or obliouy. or
which causes him 10 be stunned or avoid
ed, or which has tendency to iniure him
10 his octupation-is libel, under
OUR PENAL CODE.
And every person who willfullv. and
with malicious intent to iniure another
publishes any libel, is guilty of misde.
"meaner."
What is the meaning of this word "will-
fully?" ~ VIII
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
o. sne other word malicious" in the above
The term malicious" when emploved
!as it is above), to designate, or qualify. The
intent with which an act is done, imports
wish to ye1, 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 3l2, declares that an iniudi.
clous publication is presumed to have been
malicious, If no justi6able motive for
But how does our penal code guard the
rights Of defen dants? 'N - ''''
The answer is, that by section 3l3, Gin
Libel, the truth may be given in evidence 70
the jury, and if it shall appear to tbe ;u.u ~
that the matter charged as libelous ia i'm.
and was published with good motives and
for justifiable ends, the party shall he az a..
Quilted" - De az
Again, does our penal code anv further
guard the rights of the accused persons9
Yes-and in the interest Of the enev..
paper press"
For by section BIG, that code declares
that no reporter, editor, or proprietor Of
any newspaper, is liable 10 any prosecution
Tor fair and true report of any judicial
legislative, or other public official proceed.
ings, or OF any statement, speech, argument,
or debate in the course of the same. excent
upon proof OF malice in making such report
which shall in no case be implied from The
mere fact Of publication 'Ae
- TINS privilege expressly extended to
reporters, editors, and proprietors and news,
paPers-plain and clear, or il it not.
Transpose it, and see. For fair and true
report Of any judicial, legislative, or other
public official proceedings, or of any state.
ment, speech, argument, or debate in the
course OF the same, no reporter, editor or
proprietor of any newspaper, is liable to anv
prosecution. '' - A"y
The non-liability for such fair and trn.
report has one exception, to-wit except mon
proof Of malice in making such report. etc
=, By section 317, it is prescribed that
ADelous remarks or comments connected
With matter privileged BY the last section"
9to-wit, section BIG, receive no privilege
~ reason Of their being 80 connected"
Bat what il such report in . newspaper
should be neither fair nor true:
What if it should be false. These things
are for you to inquire into and determine.
- All the authorities quoted agree, Ibslieve.
that malice on the part of publisher of
ie1red, if the publications are false.
In this case. you have, repeat. the r;obt
to determine the Law and the facts,
In case Of reasonable doubt a. 10 vhe.b.
q the guilt Of the defendants is satisfactor;Ix
shown they are entitled to BE- acquitted.
But the doubt must be reasonable. and
must not spring merely from wish Or de-
nre to scquit irrespective of the law and the
evidence.
PC. SHANNON.
.n. Judge.
Alter being out all night, and laiIipg 10
agree. the following communication wss
sent to the judge:
To Me Henorabk Chi.f Ju.tiee shannon
VIII 700 oblige the tury hv con,nn t..o