New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-10-13
THE COURTS.
RESPONSIBILITY FOR LIBEL
THE LAW OF NEWSPAPER LIBEL EXPoUNDED BY

INb 1hD
THE LAW OF NEWSPAPER LIBEL EXPoUNDED bf
JUDGE FREEDMAN.
A verdict awarding $500 as damages was
rendered yesterday the suit for libel brought by Joh
Braun butcher of College Point, L. L. againt the SaT
which has been tried the Supreme Court before Judge
Freedman and Jury. A Mrs. Hark, who had been
convicted OF grand larceny some time ago.
began proceedings to obtain pardon. She fled num-
Der Of afhdaVits The Brooklyn EGgle published an ar
hce said be founded the contents OF these afda
Wits which contained severe statements damaging 10
the character Of John Braun. The Star repubished
the article in condensed and milder form. This COM
sttuted the alleged libel
Judge Freedman in charging the jury, gave concise
and lucid explanation Of what constitutes libel on the
part Of newspaper, and to what extent newspapers
are privileged. "The freedom OF the public press" he
said Is guaranteed by constitutional provisions. Every
other business may DO regulated almost TO
the point Of prohibition, but law can be
passed to restrain abridge the liberty OF
press In this country It s considered not only the
right but the duty OF newspaper TO discuss questions
public interest and to critcse the acts OF those VINO
may be temporarily entrusted with power. or course
the right must be exercised fairly and with due regard
Tor truth and prOprety But no caution that human
ar can devise will totally exclude lDos from news
paper. The case of a libel appearing in newspaper
in tho discharge OF its duty the public may fall within
that class Of cases in which the language published
would be lbclous and subject to the presumption OF
alselood and malice but for the occasion upon whlch u
was used. But this privilege Is qualified ana
conditional No proprietor publisher or editor OF
10 Newspaper can use it for purposes Of revenge
or To crafty parsOna Spite and If he attacks an indl-
vidua unnecessarily without good his case Is
no better than # he dealing with matter wholly
unpr.yicgcd. The question whether he has so abused
tho conditional privilege Is TO be determined upon the
acts Of each cusc Thus 1t has been held
IN cases against pubhc newspapers that
m editor Is privileged IN commenting Freely upon
IA questions and matters Of general pubic Interest,"
that the public conduct OF public may be discussed
with the greatest freedom provided the language Is
kept within tho limits Of aD honest intention 10 DIS
charge a public duty; that when any one consents
10 be candidate for public Office he must
not be considered putting his character IN
issue so far respects HIS fitness and qualifications for
Office anu that the publications Of the truth on the
subject with honest intent Of informing the people are
not nbellOuS It also been expressly provided by
that fair and true report In newspaper OF any
judicial legislative other public aud official proceeding
privileged unless there be proof Of actual malice but
that such privilege does not extend to libel contained
IN the heading Of the report To the extent that the
publication The Star fair and true report OF the
Of the aGlaVts o. their substance, the plea
~ privilege must be sustained, but all beyond that
which WITHIN the rule laid down by use constituted "a
libel, IA not covered by the same privilege"