The Portland daily press., 1882-01-25
FERRIS
THROWS HIMSELF UPON THE MERCY
OF THE COURT
And Sentence is Suspended on Promise
of Good Behavior.


pleaded molo contenedre to the indictment for
libel upon the Rev. DR.. Hill. Upon the in
dictment for libel upon Mr.. Richard K. Gately
he waived the reading and pleaded molo con-
tendre, which is equivalent to plea of guilty.
His counsel, H. D. Hadlock, Esq, then adj
dressed the court substantially as follows:
Mau it Please Your Honor-We have consid-
cred the matters charged in these indictments
and Mr. Ferris authorizes me to say after care
full enquiry that although he made the state
ments without any malice concerning Dr. Hill
and as he believed at the time in the further
ance of public inform alton concerning the
liquor agency, he is now convinced and well
satisfied that what was said in his paper, and
is now the sabjecJ of this Indictment concern
ing Dr. Hill has no foundation in fact For
that reason he now comes into court and en-
tiers plea of 7l0tO c07.tenedre. He discalms all
malice as to DIR. Hill. He holds him in the
highest esteem for his past services to the pub
lie. He has no desire whatever to detract
anything from DR.. Hill or the position he occu-
pies in the community.
As to Mr.. Galley the information he recelv-
ed let him to publish the article that he did,
but now upon enquiry he has reason to believe
that information was unfounded; that Mr.
Galley was not connected with the club men
toned in the article, and for the reason have
suggested he comes in here and throws himself
upon the mercy of the court, and ask your
Honor to consider the matters with which this
man is charged, and if your honor can deem it
consistent with your official duty presiding in
this court, to continue both of these cases for
sentence. will add that Mr.. Ferris is now
no longer connected with the paper His in
terest, as I am informed he has disposed OF
and he has no desire to say that concerning any
person in the community that may tend to
their disparagement.
County Attorney Coombs said: The court
ma1 ac other in the commune
ty is aware of the nature of the publication
with which the respondent has been connected
and that while perhaps in many instances the
respondent and those associated with him in
the management of the newspaper have not
perhaps committed the technical crime of
libel, many of its publications have consisted of
matters of gossip and personalities which have
aroused in this community strong feeling
against him and his paper. AS the prosecu-
ting officer of this county / have OF course
realized the feeling in the community more
perhaps than any other person because am
the one to whom the various complaints have
been made. At last believing it was my Off
cial duty to have the matter brought to the
attention of the court have done that which
appears upon the record here and presented
through the grand jury two indictments
against this respondent for libel. Neither OF
the parties libelled in the issues OF the paper
embraced in these two prosecutions have from
the beginning manifested any personal hard
trary they have both been disposed to give
him credit for all that his counsel has here
given utterance to this morning. They have
both been disposed to credit him with good
motives in making public exposition OF the
wickedness of club houses and of rum selling
in general. But at the same time they, as
we'll as myself have felt that it was not proper,
in the pursuit of motives he might think were
worthy and justifiable, that he should SANDER
and libel citizens standing in the position oc-
cupied by both of the parties connected with
these prosecutions. He has now come into
court and acknowledged to your Honor his tech
meal guilt in sboth of these cases, disclaiming
all actual malice, but acknowledging the techni-
cal offence of libel and his counsel has asked
your Honor to causesthese cases to be continued
for sentence. The answer which ,as prosecuting
attorney, should make has caused me long and
serious consideration, but after several confer
ences with the parties whose names were i'm
properly brought into public notice and out OF
Difference to the expressed wish of both OF
them have concluded to make no opposition
to the motion madea by respondents counsel.
1t has been stated to me by Ferris and his
friends that he contemplates leaving the State
of Maine, but at any rate if he should change
his plans hereafter and should again enter the
field of journalism he will observe the lesson
which these prosecutions have sought to inn
pose upon him. As the object of prosecutions
in criminal court are two fold-to inficS a
reasonable punishment upon the party Offend
ing and to deter others from offending-and be-
lieVing that the two-fold objects of the prose-
cution are already accomplished and that he
will heed the lesson which has been taught and
that others who, although not prosecuted, have
technically violated the same law will be de-
tered from future violations as we'll by sus-
pension of sentence as by the imposition OF
Jail sentence, make no opposition to the mo-
ton.
Judge Bonney, in granting the motion, said:
'sThere seems to be very little for the court to
do except to grant the motion OF the counsel
for the respondent, as the attorney for the
State offers no opposition.
The constitution and laws of this country
guarantee the freedom of the press but no
man has the right to infer from that legal
guaranty that he has license to attack the
characters of men and impugn their motives
recklessly and without investigation. l think
if any criticism can justly be made OF modern
journalism-whose power and influence for
good in the community I fully recognize-it is
the habit it has fallen into OF impugning the
motives and attacking the characters Of ind1-
viduals without sufficient and proper investi-
cation of the details, basipg charges upon COM
mon rumor, rather than upon actual knowl-
edge.
A mans property is taken from him without
authority of law and the grand jury indicts
the person who deprives him of such property.
mans character is his property, OF much
greater value than any taxable goods which
the thief may take and carry away, and he
certainly ought to he protected from reckless
and INSCRIPTIONS attacks upon that character
In this matter it seems that the respondent
is indicted for a libel upon respectable citizens
of this city and through his counsel he has
stated in open court that the charges made
were without cause or foundation
Before the publication was made, the re-
spondent could have easily ascertained the
exact state of affairs in these two matters. He
could have readily ascertained whether or NOT
the charges he made we're true. 1t certainly
was his duty to do SO. 1t was duty he owed
TO these two citizens, and duty he owed to
the community, to have ascertained before he
put pen to paper, whether or not the charges
were we'll founded. Had that right act
been done, these citizens would have been
saved the pain of an unjust accusation, and
the respondent himself would have avoided
the disgrace of standing before this bar convict
ed of violation of law.
will grant the motion of the attorney for
the respondent, but at tie same time will re-
mind the respondent that any repetition by
him in the public prints of this State of at
tacks upon citizens which the court may con-
slider to be libellous, will subject him on these
two indictments to the penalty provided by
1awD