Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-02-23
The T00tlf-P uiiilag Libel Case.


IN THIS pISTRICT-A VERDICT OF ''GUHTYn AND De-
PENDANTS ORDERED INTO CUSTODY.
This morning in the Criminal Court, Judge Cox
the case OF 5. S Lacey and j. Z. Bruce, OF the
S"''dGy Item, for libel, i'll publishing statement
as to the Hewland Dental Association having
broken the jaw OF VIM. Joyce, was argued by Mr..
Pelham for defence, and Mir. Taggart Tor the gov
ernInent
The COURT in inStructing the jury said that lihel
is malicious defamation in printing OF writing
tending TO olacken the memory OF one who is dead
or 10 expose tae living to public hatred, ridicule or
contempt In Order to prove malice, the govern
ment need not Show any grudge or il-wll on the
part OF the defendant. Tie law presumeS malice.
as 10 case Of murder. Before the statute on the
subject was made, even the truth was no de-
fence since criminal prosecution is based on
tne supposed prOyOcatiOn to breach Of the peace.
Eut even before the statute the presumption OF
malice might be rebutted BY showing the publca-
ION TO be true, and that 1t was made with good
Judge Cox then quoted the statute {sec. $40, RS D.
c. In all prosecutions Or Indictments for libel in
stituted in the District, the truth thereof may be
given in evidence under the general issue as ius-
tcation Of the alleged libel: and If it appear that
the matter charged as libelous was true and was
"i1tSsn or published I with good motives and for
Unsuitable ends, the defendant shall be acquitted.
The defendant must estab bsh that the publica don
Is true; 1t is not sufficient to show merely that
he believes it to be true. Belief is a
ground OF mitigation OF damages in civil cases
There is no such thing as mitigation in criminal
cases, except so far as the court may be affected
the absolute truth OF the publication. II only pal
1lal M truth Is proved there is failure to JUSTIFY.
The fact Of publication is admitted, and an &C conse ms
quently, II the publication has not been justified
by showing its entire truth, there must be a YER
dLt for the government Ii the truth and good
motives have been shown, the verdict must be Tor
defendants.
VERDICT OF GUILTY.
The jury were out but a few minutes when they
returned verdict of guilty.
Mr.. Pelham called the attention OF the court to
the fact that one Of the jurors returned to the
court room after they had gone out to deliberate
The court remarked that he knew that; the
juror had come in for the paper In which the
article was published; but he refused the request
IL made no difference as to the juror coming in.
NOTICE OF NEW TRIAL.
Mr.. Pelham said he would file motion for a new
trial, making the circumstance of one of the Jurors
coming into court one OF the grounds
The defendants were ordered into custody.
THE Ell SOBRANTE CASE DECIDRD.-One OF the
most important land cases that has been before
the Department of the Interior for long time was
decided by Secretary Kirkwood to-day. 1t will be
attorney IN this case. and that it has all along
been asserted by some newspapers that his
connection with this case Was the only impedi-
Ment 10 MS receiving the Interior portfolio
The Ei eobrante case involved a large amount Of
land IN Conta Costa and Alameda counties Cal
tuc lilSlSJ6O v1ldL JZoy were
titled to all the land that should result as sobrante
or surplus OF the ranchosSan Antonio, San Pue-
bto, FL P1nOle, Valencia and Laquna de los Palos
Colorados, after the quantity to which the grantees
OF these several ranchos should be aseertained and
surveyed, which should lie anywhere within
the general boundaries mentioned by the Nexi-
can governors as those within which the Quanti-
Ties We're TO be located. The commissioner Of
the General Land Office so decided, limiting
the quantity to twenty-five square leagues The
secretary decides, however, that only the Sobrante
OF thoSe ranches that should lie between them ALL
IN the sense OF being surrounded by and bounding
on their patented lines, should be surveyed under
the decree by which the Mexican title to Ell So
0rante was confirmed. The quantity awarded by
the Secretary is about 1900 acres, about one
fourth as much as that awarded by the Commits
SiCner.
Ex-CoLoNEL FRED GRANT had an interview with
the Secretary OF the Interior tis afternoon rela-
i've 10 the right OF way Of railroads In the north
west.
TIA CONDITION OF Representative Thomas
Allen, who Is dangerously sick at the Arlington,