News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1884-10-02

continued: The theory of our law is
that every man shall be secure in his
person, property and estate. Ills CHAR
acter, private or official, is property IN
the eye of the law. The character or
public official is something more than
the character of a private individual
public official SuStainS double rela-
ton. a private and public character.
An attack upon his official character is
blow struck as well to the pubic as 10
the individual. A due respect for Ine
law and for its pure administrator Is
essential to the security OF popular IN
stitntions. Anvunfeunded attack upon
its administration saps the very founda-
tions upon which society rests. Hence
a libel upon courts and other pubic III,
bunals has for centuries been regarded
as among the most atroclous crimes; In
order to Justify n conviction the STATE
must satisfy the jury beyond any falr,
reasonable doubt that the article pub
lished was a libel under the definition
given by the Court. If they were SO sat-
isfied, and by that measure OF prcof, tney
should pass to the defence, under MS
plea that the respondent would prove
the truth of the accusations IN the artl-
Gle. The respondent had introduced
evidence tending to support, and the
prosecution tending to rebuff, che truth
of these accusations. 1t was incumbent
Ipon the respondent to establish the
truth thereof by a fair balance OF evil
dence. In so far as the hbelOuS article
accused Judge Royce of a crime, the re-
spondent must also by his evidence over
come the presumption of innocence, the
truth of which all men so accused are
clothed. Judge Powers then read serl-
atm the article complained of, which
l. fo1-a W.
the RESPONDENTS counsel that the words
are privileged, and this brings us to a
consideration of the question OF prIvl-
legged communications. 1t Is true that
the editor of a newspaper, as well as any
other person, has right to examine the
character of a candidate for public office.
His character may be discussed, and the
very fact that he is candidate for pub
lie Office gives to the discussion IN GER
tain sense privilege. Buttms doctrine
has its limits. No man, editor or lays
man. has the right to lmpute Scandalous
matter against a candidate. lie has no
rioht to circulate unfounded and untrue
reports concerning such candidate. HIS
character is open to discussion In a falr,
temperate, manly way; but abuse is not
discussion; neither editor nor laymen
NAV discuss the character of candidate
from any other motive than to serve the
public interest. He must not puDllSn
false and malicious stories concerning
him. He may purify public station, he
has no right to vilifyit Freedom OF the
press was recognized.
The Burlington Free Press says of
the case:
All who cared for the good name of our
commonwealth must rejoice at the result
of the prosecution of Editor Maloney OF
the Richford Gazette for slandering Chief
Justice Royce. Maloney's abuse of Judge
Rogce has been gross and bitter, beyond
all endurable limit. As it touched Judge
Rovce's personal as well as official char
acter, it is not easy to see how he could
take any other course than to seek the
legal protection and redress which the
law aecords. The criminal case was tried
before a fair and competent jury, outside
of the county in which the parties reside,
and resulted in conviction of Maloney.
His sentence was delayed by the taking
of exceptions in his behalf, which post
poned, but will not be likely to prevent,
the final infliction of the penalty. Two
suits for civil damages, instituted by
Judge Royce against Maloney, tor SlO,O0O
each, remain to be tried.