St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1885-11-26
THE RoYCE-MALoNEY LIBEL SUIT.

preme court at Burlington, Jan. D, but
it was freely talked about the court
room at Montpelier that MalOney
would not be granted a new trial but
would be sentenced to the extent of
the law. In fact it was telegraphed to
the daily press from Montpelier Satur-
day that it was thought "that the ex
ceptions of the respondent will be
overruled, and the petition for a new
trial be denied, and that MalOney will
receive from the associates of Judge
Royce an exemplary and even severe
sentence"
A case involving so much as does
this Roy -MalOney suit deserves more
than passing notice or tiippant par
agraph. There is more at stake than
simply the moral character of Judge
Royce or the personal liberty of NJ. j.
MalOney. 70 get at fair cOmpreh en-
sion of the facts, let us go back and re-
view the case somewhat:
NJ. j. MalOney, a former citizen of
st. Adams, removed to RichfOrd, in
the same county, where he engaged In
publishing the Richford Gazette. While
publishing this paper he made explicit
and repeated charges against the NOR
nj character of Judge Homer +. Royce
of st. Adams, now chief justice of Yer
monts supreme court. Judge Royce
and Maloney both reside in Franklin
county and almost the entire circula-
ton of MalOney's paper, the Gazette, is
in that county. If Judge Royce were
innocent it would seem that he would
have preferred to be indicated by his
neighbOrs and friends about his own
home. He evidently did not dare risk
their knowledge and Judgment. So an
attorney who lives i'll Orleans county
was procured to go into MalOney's of
flee and subscribe for his paper. This
made a circulation" in Orleans coun-
ty. This lawyer then brought the al
legged libel to the notice of the Orleans
county states attorney and the grand
jury found an Indictment.
Under the circumstances, MalOney
found himself unable to get leading
counsel in Orleans county and had to
take strangers there to defend him.
We are told that at the trial almost the
entire bar sat around as a sneering
committee when MalOney's case was
being put in, and as claquers when
Royce and his witnesses were testify
ing. The whole prosecution was
travesty upon justice. Among Ma
lOney's witnesses were men of as good
personal standing as any in st. Adams,
who testified that what he had pub
lished about Judge Royce was true,
and yet the court charged, with adrOit
impartiality, in way to leave no
doubt in the minds of the jury as to
his wish, and the entire influence of
the lawyers from the several towns
was brought to bear upon the jury as
against the respondent.
The jury found MalOney guilty. Nat
turally the judges who are ROyce's as
sociates will try to find law to sustain
the verdict, and no man of observation
need be told that what courts wish to
do they can find reasons for doing. If
the Judges decide against MalOney the
chief motive impelling them will I'M
dOubtedly be their intimacy with
Royce.
Who and what is Maloney2 is a
question which very naturally comes
into the consideration of this case. AS
a young man he learned journalism in
the newspaper office of Gov. Smith at
something while there which he could
not approve, for years afterwards,
when he came to have paper of his own
and was obliged to take n responsible
attitude before the public, he espOus
ed the cause of political freedom. He
was very indiscreet probably i'll attack
and many of his utterances have been
too outspOken for the present state of
public sentiment. But we have no
doubt that he felt stern sense of pub
lie duty and was impelled to perform
it fearlessly. That he is sustained by
the best sentiment of Franklin county
was abundantly shown in the last cleo
ton, when the question of RJyce's cleo
ton was the chief issue at the polls
and the county went overwhelmingly
against him.
So far as we can learn Maloney is
personally a respectable man hns-
band and father, aud when ia ST Al
bans teacher ia the Sunday school.
But whatever he Is personally, as an
editor lac has done only what thr best
papers are now doing every Wh .rs,-eX-
posing public wrongs aud holding ~
evil-doers to public coudrmuat .--,i- if
his prosecutor pos Lat, .At a - -,,e..t. o.
able folly to punish hiH, ig HHs sf ~
prisonment. hi- iuparftnfs w o.
magnified beyonu rH,------.----- -. -
We said above. there b. vlnrr 90 stake
in this ease than the esssI stsf 1T Eotre
OF the personal iii.-tts of Aai"usy
II the press of New tusl 81 bs-
come aware of the trur ~taf.. q anair=
and do their duty, Mal"ues eil stand
before the public a. frpfs-~utative
of truth aud morality aEaiusf .ouup-
ton in high places, aud ts "a rnrS,r 20
the freedom Of the press
For the love We bear tat tfuth. for