Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-07-12

oS1 o1Cesy 0srahal VVAsso
~ e.S Hsass: 1s DseaAes sAas O. ~.
hsoss has rendered : a,ci,,c.
Y IL lfbsa suis d City Marshal whit. :,
- Easssrn Arsuas In the matter Of . .om.
nunication pahlished in that psper concer,
ing the liquor disturbance in shi, c;tv Ia,
yesf. The action vas entered in the Super;or
Court for Kennebee county, At the Decemb.,
term 1882.
At that term Messss. N. and a B. Cls.ve.
counsel for the Argus, entered their .,r...'
ance and fled . demurrer 70 the writ claim.
ing that the article published in tho A..
upon which the action was based -. no,
| iioeious and that the action could mo, h.
naln'ained- The opinion Of Judge White
Charles H. White Va. John N Adam
lbs was an action on the case for libs,
commenced September 2, 1882. entered =, ,ha
Dece mber term. 1882. and heard on demn,rs,
Dy the Justice at this June term lss3 sub;ec,
| TO exceptions Ad damnum, $40 OOO' pie.
plf. vas joined 0y the
1t appears from the extrinsic facts stated in
the declaration that the pld was City Marshal
Of Augusta on the 26th day Of August Issa.
That on that day AZ cases of lager beer vers
seized on warrant by deputy sheriff in tbs
! store house Of Hoyt Z Cos, Boston expre.s
1t Augusta. snd placed on q drav for tran,-
Portation 70 place of safety, and that there
upon 'ne same were violently rescued from
Ine CUSTODY Of the oncer by crowd Of peo-
PIE VINO mao assembled IN riotOus manner
TOT tnat purpose. After setting out fully all
OF the facts rnnQQpfad Nth
monstration, the plf complains with proper
colioquium that on the Both day of August.
ioe2, there appeared in the columns Of the
Dahy Eastern Argus q newspaper publish
60 py the deit the Following communication
iro" Inc augusta correspondent of that
paper, 10 vii;
ne more people talk over the features of
the not, the more severe are the denunciations
OF the police. 1t is stated upon what seems
to be good authority that the chief of police
was during the beginning Of the melee stand
ing within four or five hundred feet Of the
c.o"a ana TOOK no steps towards quieting it.
wen Oh an poiticai opinions condemn the
action OF the police 10 round measure and
loud calls are beginning to be made for an
investigation which shall either clear the
police from the very unpleasant cloud under
which they have taken refuge. or resnlt in a
new lot being appointed.
Your correspondent hears of another run,or
which, if true. places matters in a peculiar
iight. Ii Is to the effect that the chief of
ponce 10 partner IN the Express company,
from whose ONCE the liquor was taken.
The ramor has been afioat ever since the
affair took place. An investigation such as
ought to be held at once would settle all these
rumors, and either clear the police or displace
them."
n al nj fhA dnr 70 49,
as the publication complained OF, only in
formed the pubic OF rumor affecting the
ofhclal conduct OF public officer and sug
gested an investigation for the purpose of
ascertaining the truth in relation to H. il falls
within the class of privileged comma nications
for which no action can be maintained without
proof Of actual malice; and that any pretence
OF actual malice in this case ought to be con-
sidered as negatlved by the fact that this was
the communication OF correspondent.
Inc edltor OF newspaper Is undoubtedly
privileged In commenting fully and freely
upon all public questions and matters of
general public interest and the official con-
ducr of public officers may be discussed with
very great freedom, provided the language be
kept within the limits OF an honest purpose to
perform puohc duty rarm"ei VS.. coup
lano w anu W. w. "a'es a Gnu IL. T.
ooo- ne ohciai ACT Vi pubic iuhctiohary
may De luily crltlclseu III the puOilc press,
and the occasion will excuse everything but
actual malice and evil purpose in the critic.
But true criticism attacks the act itself only.
and not the individual. The critic will not
be justified in imputing TO the officer corrupt
motives for his action without showing the
truth OF what ne has uttered; Hamilton VS..
I"o' o! ~ - Iy NV s e. '"s
imputatl0ns on his motives arise falriy anu
legtimately out OF his conduct, so that jury
shall say that the criticism was not only honest
but well founded" Cockburn, Oh. j. in
Campbell VS.. opottlswoode BEST ana omith
"a. R 776, Odgers on libel and Islander, 80
AZ, Palmer VS.. Concord. 4s n. II. 2ll.
The effect of privilege is this, says Fol-
ger, {. j., IN Hamilton vs.. Emo, ABOVE cned
1.-The law VIII not imply malice from the Iact
of publication. and without malice, express
OF lnpileu, t"ere no ioei "ane vi,
author of the charge liable in such case actual
malice must be shown to have moved him
Whether there ras actual malice IS for the
jury 10 say, either from direct proof, or as an
inference from other proof or from the iioei
itself.
Now it may be true that the circumstances
disclosed IN the declaration tend strongly TO
negative aei"at nia'lce' may =. ~. LIZ a"".
! ,ha .1af.nda nf exercised that reasonable and