The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1883-11-07
A New York Judge on the Law OF
Newspaper Libel.

A verdict awarding $500 damages
was rendered a few days ago in the
suit for libel brought by John Braun
a butcher of College Point, Long
/ Island. against the Star, which has
been tried in the supreme court
before Judge Freedman and jury
A Mrs. Hark, who had been con-
victed of grand larceny some time
ago. began proceedings to obtain
a pardon. She filed number OF
affidavits. The Brooklyn Eagle
published an article, said TO be foun-
ded on the contents of these athda-
Wits. which contained severe state
ments damaging to the character
of John Braun. The Star repub-
lished the articlein condensed and
miIder form. This constituted the IL
bel.
Judge Freedman, in charging the
iurv gave a concise and lucid expla-
nation of what constitutes a libel on
the part of a newspaper, and to what
extent newspapers are privileged.
The freedom of the public press, "
he said, is guaranteed by constltu-
tional provisions. Every other
business may be regulated almost
to the point of prohibition, but
no law can be passed to restrain or
abridge the liberty of the press. In
this country il is considered not only
the right but the duty of a newspa-
per to discuss questions of public In
terest and to criticise the acts OF
those who may be temporarily en-
trusted with power. OF course the
right must be exercised fairly and
with a due regard for truth and pro-
priety. But no caution that human
art can devise will totally exclude
libels from a newspaper. The case
Of libel appearing in a newspaper
in the discharge OF its duty to the
public may fall within that class OF
cases in which the language publish
ed would be ibelous and subject
to the presumption of falsehood and
malice but for the occasion upon
which it was used. But this privi-
lege is qualified and conditional.
No proprietor, publisher or editor OF
a newspaper can use it for purposes
of revenge or TO crafty personal spite
and if he attacks an individual un-
necessarily or without good reason
his case is no better than if he were
dealing with a matter wholly un-
privileged. The question whether
he has so abused this conditional
privilege is to be determined upon by
the facts of each case. Thus it has
been held in cases against public
newspapers that an editor is privi-
legged in commenting freely upon all
matters Of public interest that the
public men may be discussed with
the greatest freedom, provided the
language is kept within the limits
of an honest intention to discharge
public duty that when any one
consents to be a candidate for a pub
lie office he must not be considered
as putting his character in issue. sc
far as respects his fitness and quail
fications for the office and
that the publications of the
truth on the subject
with honest intent of informing
the people are not libelous. 1t ha:
also been expressly provided by
statute that fair and true report
in a newspaper ofany judicial, legls
lative or other public and otficia
proceeding is privileged, unless there
be proof of actual malice, but that
such privilege does not extend to {
libel contained in the heading o
the report. To the extent that the
publication in the Star was a fan
and true report of the contents Of the
affidavits, or of their substance, The
plea of privilege must be sustained
but all beyond that, which within
the rule laid down by use constituted
libel, is not covered by the sam,
privilege. ."-Ne,0 York Tribune,