The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-12-20
LIBELS.


Editor Hemenway, of the 0gde
Herald, has been indicted, tried and dc
clared guilty of criminal libel, the Of
tensive matter being contained in al
editorial article which appeared in hi
paper some months ago, certain Fed
eral officials being the objects of hi
structures. 1t is understood that there
are other indictments for alleged Ibt
against the gentleman, which are to be
tried later on. Mr.. Hemenway has been
8 thorn in the side of the radical anti
Mormon faction of the community ever
since he has had control of the editorial
columns of our Ogden namesake, and
has been severe and Sutspoken in his
denun Citations of the course pursued by
the Federal officials. Having facile
pen and keen perception of the mean
ing of words he has not hesitated to
MAKE it understood that he had no love
IOr the men who were Waging
this cruel warfare against his
people and patrons. He has fully
realized the risks that he was
running, and must have understood
that with the courts, from the Judges
on the bench to the officers who select
the jurors and the men who sweep out
the court rooms arrayed against the |
cause which he championed, it was an
unequal contest into which he threw
himself; therefore the greater degree of
credit is due him for the courage of
standing by his convictions, and
bravely fighting himself into jail. The
editor may have been mistaken in
judgment, but no one will accuse him
of falteung or failing in what he con-
ceiVed to be duty to himself and
thosein whose behalf he believed he
was iaboring.
For the past fifteen years there has
been good deal of talk in Utah about
libels in newspapers, and many
have been the threats of in
dictment and punishment against
offending editors. On several occasions. s
efforts have been made to punish news
paper writers whose criticisms and as
iertons were too causic to suit tie tastes
Of court officials. The efforts, however.
have failed in most instances, grand
iuries as rule being 10th to interfere
with the freedom of the press. In ,
some cases editors have been annoyed |
and put to some trouble and expense, !
and few indictments for libel have 5
been found. but we believe there has :
been no conviction before the one noted :
above. The sentiment of the com
nunity is decidedly opposed to re- :
'tricting the liberty of the press, and is 7
as strongly in favor OF extending wide t
latitude to newspapers in the discussion !
IF men, measures and of9seiaI doings. :
The people look upon the press as their /
champion and the guardian of their 2
lights. and trust TO it to pro- t
ect them from official oppression E
and wrong doing. So jealous are they :
IF the rights of the press. that in the :
past, when jurors, grand and petit
we're drawn regularly from the lists 7
made up by the District Court clerks :
and thesProbate Judges, no editor could !
have been convicted or even indicted for
anything he might have said that was +
within the bounds OF truth, OF proba-
Dilty or of dece1cy. It is to the people !,
that the newspaper fraternity must re-
turn thanks for the immunity that has !,
been extended them, for if some of the
courts and officials who have held :
bower here could have had their wav :
he jails would have been full of editors =
u the Utah press been reduced to thu :,
condition of base subserviency. instead
II being as it is to-day, able \
earless and influential, knowing its :
lights and possessing the courage to :,
them. Whether or not the :.
protection given by q lenient pubic has
Tot proven somewhat injurious to that :
'ubhc as well as to the press itself. is
for the community to think :
'ver. 1t cannot be denied that liberty =
las degenerated into license, and we !
frequently see in newspapers most ou.-
ageous articles, which ought TO subject =
heir authors and publishers to severe =
The community is divided "
1to factions, and partisanship runs
Ugh; and the newspapers are too often lie
eekless with their charges and asser- W
ions against members of the faction s.
opposed to them. Anything is fair in hi
ar" has been too much. the ontrolIing m
Comment and criticism have 81
OF been confined to public acts and m
.dcial conduct, cut the private lives Of Al
9th oficisis and citizens have been tt
.ade the subjects of newspaper expos VI
re and animadversien. To the credit cri