The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1883-03-07
sErTING ASIDE DAMAGES.

all revolutionary proceeding.
SETTING ASIDE DAMAGES.
Some time since the New York Herald
was sued for libel, and the Jury in the case
awarded the complainant damages to the
amount of $50, 1000. The case grew out of a
published acce unit of large fire in the town
of Edge6eld, s. G. In the dispatch state
ment derogstory to lone Malloy" appeared.
for which suit was brought and verdict OBJ
tanned. The Herald had, as it believed, a
reliable correspondent at Edgefield, and pub
lishsd his dispatch concerning the fire with
out the remotest intention of doing lone
Malloy" injustice. The Herald says:
The essence of a libel is malice. We had no
malice toward Malloy. no purpose to injure him,
10 disposition to do him injustice. We did net
know him and had never before heard OF him.
The dispatch came TO us by telegraph from then
trusted correspondent at that place. 1t was re-
ceived and published IS news In the regular rou'
tine of business. On complaint of Malloy we
found that the statements which he alleged APP
piled to MIN were erroneous. To vindicate aud
do justice to him, ss well as to put ourselves
right, we acknowledged the error into which we
had inadvertently been led and published con-
spicuous correction.
Notwithstanding such facts, a Jury
was found willing TO award lone Malloy"
$50, coo damages Fortunately, however, a
Court was found capable of taking proper
view of the case, and when called upon
promptly set the verdict aside, remarking
that 1.-The publication complained of could
not seriously injure him in the estimation
of the immediate community in which he
lived, while no person at distance who had
not read the evidence of identity volunteered
by MallOy himself would be likely to know
or suspect that 'one Malloy' was James
Francis Malioy." 1t is we'll for the people
that this business OF suing newspapers for
libel is daily becoming more and
more obnoxious, and it is well
said by the Herald that ''if a
verdict so iagrantly unjust were allowed to
stand every respectable and responsible
newspaper in the country would be exposed
TO similar raids and liable to be outrageous
ly mulcted by any reckless or INSCRIPTIONS
Jury" The more this libel business 10 dis.
cUssed the more prominent will the facs APP
pear that newspapers, as general PROPOSE
ton. do not libel men or women. News
paper publishers compare favorsbly with
the best men in any community are as hon
oraDle, SIS thoroughly schooled in the propri-
cites and amenities of life as the best of
their fellow citizens, and as loath to
GO anyone injury 1t is the business,
however, of newspapers to inform the pub
lie of public wrongs If this duty is neg
Iec;ed the public has right to complain. 1t
is not claimed that it is the prerOgatiye Of a
newspaper to deal in scandal-to play Paul
PTy In matters of domestic concern or make
known to the world family infelicities, but
it is the commanding duty of newspaper
70 point out aud comment upon all matters
OF a public character. 1t hiss en- unques-
toned right to criticise the acts of public
officials and guard the reputation of parties
and communities. In doing such things,
If the presumption is to be that malice is
the governing motive, and penalties are 10
be adjudged. then the freedom of the press
is as effsctually silenced as it is when Gar,
Kaiser or Sultan suppresses it By DEGREES.
The com mon sense view OF the matter isl stead
ground, and the presumption is be-
coming more thoroughly fixed in the public
mind that newspapers in making public the
real or rumOred derelicions of men seek
the public good rather than the injury of in
dividuals, ana If the press enjoyed still
greater liberty in the way of exposing known
rascalities the public would be immensely
the gamer. If the press had intimated
what it had good reasons for believing was
going on Polk, of Tennessee, and Vincent,
of Alabama, would have been checked in
their careers of rascslity. Many bank and
insurance Company has been wrecked and
thousands of people ruined when it was
we'll understood that the villainy was pro-
crossing and that the disastrous climax must
come. Such facts are well worthy of the
consideration Of all prudent men.