The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-04-13
THE PRIVILEGE OF THE PRESS.

|
sity, by intendment, if not by the use of his
actual name, had been charged with GRIM
inal relations with female patient under
his professional care. The lady was resi-
dent of Windsor Ontario The charge had
been first made IN Canadian papers, and the
Detroit News had merely reprinted the al
| legged facts, or had used them at secondhand
in series of attacks upon the professor of
surgery in the State institution. AS a result
of the publication the husband of the woman
! involved became insane, and is now in mad
house, the home and family were broken up,
and, of course, both Dr. MacLean and Mrs.
Wardle were greatly scandalized. Dr. Mac
Lean, with a friend, called upon the editor of
the News, and after making their statement
denying all the allegations of the slanderous
articles, the paper wrote an editorial in
tended for a retraction, but which, it was
claimed, aggravated the original charge.
Upon this state of facts a suit tor
| libel was entered in the sum of $4,000.
To the complaint the News pleaded two de-
| fenses-frst Justification; and second, that
the article was privileged, DR.. Mclean being
public man, holding public Office, and an
exposure of his misdeeds in that employ
ment being for the public good The result
of the trial, as is known, was a verdict
against the News in the sum of $4,000, and
it is stated that the woman will now bring her
suit for damages.
The courts of Michigan have been remark
ably liberal in the construction OF the law OF
privilege in favor of the press, and we think
| rightfully so. The Detroit News itself, in q
celebrated case, that of Hugh Peoples, expert
enced the liberality OF the court, for in that
suit the plaintiff failed to recover because
the judge held the course the News
pursued with respect to Peoples to
privilege and shielded it from punishment
on the ground that it was doing public
duty and properly subscribing the public
good. 1t will be of interest to note the posi-
ton taken by the Michigan court upon this
question of privilege and we therefore quote
at some length from the charge of Judge
Chapman in the MacLean case upon that
point. Said the court
This article is claimed to be privileged,
and l feel, gentlemen of the jury, that it is
my duty to instruct you that it is privi-
legged. 1t concerns man in public position,
connected with a high public institution,
and it concerns his conduct in that position.
1t is, therefore, under proper restrictions,
hi 81 81
of the press Professor MacLean in his Off
cial capacity stands where you stand, where
all men stand who assume to bear a relation
to the government or a relation to the
public-stands as an object of
criticism, of fair and just comment in
so far as he bears these relations to the
public. Of course. gentlemen, if professor
in our university takes advantage of his posi-
ton as to treating patients confided TO him
in his official position, and placed in the in
stituton itself. for the purpose of debauch-
ing them, for the purpose OF leading them
into the commission of adultery, that is a
deed that is reprehensible; that is fact
which, if it exists, ought to be investigated
and fact which ought to be followed by his
expulsion from the institution. There is no
doubt about that whatever, and therefore
where such an accusation is made when it is
not simply evolved from the inner conscious
ness of the person making it, but where it was,
as in this case, through tie medium of publ
cations and public accusations, made in
another country, then, in a proper and de-
uen ss n ~ this anu III r,snt sPi,lt tne
ment upon it. to cali attention to it, TO
demand investigation; consequently, the
those things. Privilege. as / said before, does
not give the right to evolve from ones inner
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