Omaha daily bee., 1885-06-13
A XINDICATION.

A Jury Of twelve men, good and true,
has at last, after full hearing of all tes-
tmony that could be gathered and q
thorough discussion by able counsel,
completely exploded by its verdict the
llbelous story that Edward Rosewater,
editor of the BEE had been disloysl dur
Ing the war, and was acting as a confed-
crate spy. This malicious slander, like
scores of other baseless falsehoods con-
cernlng his character and conduct, had
been concocted and circulated by g ang
of political despsradoss, having their
headquarters at the Omaha Republican
Office. For years bushwhacking war had
been kept up through that paper and
Its satellites upon the editor of the BEE,
and the only redre,saff forded against these
hagrsnt outrages were repeated denlals
through the columns of this paper. There
Is, however, limit to endurance even
with the editor of daily paper, who has
served as target Of malice, slander and
vile calulnny. When the Republican
two yeara ago mallciously republiShed a
charge emansting from one Of it's
country satellites, charging Edward
Rosewater with being a confederate
spy and a traitor to his country,
complaint was promptly entered against
Casper E. Yost and Fred Nye In the
In the criminal court by him, and civil
damage suit wal also commenced against
the Tribune printing company, publishers
of the Republican. The parties waived
examination In the police court and es
capped indictment by mere scratch. The
fact was that the grand jury unanimously
Indicted Yost and Nye, but through come
peculiar method best known to those
parties, the vote wss rsconsldered and
the indictment quashed by vote of
eleven for Indictment and five against.
Even this was within one vote of the
number necessary to indict.
And now after two years of delay the
civil court has passed upon the case In a
regular jury trial, and the verdict Is not
merely vindlcation for the editor of this
paper but an emphatic rebuke to the
slapderers. Ordinarily the editor who Is
competent to successfully conduct daily
newspaper, can fight his own battles
without the intervention of the courts.
The license which the press enjoys In
controversies over public questions and
the attitude of editors with regard to
their respective positions Is very
broad. During heated campaigns edi-
tors may lose their temper and
call each other knsves and idiots, with
out any retort to law. But when all
bounds of decenoy are overstepped and
slanders are forged for the purpose of
blackeniug characters and destroying
popular confidence which is the basis of
influence and prosperity of any newspa-
per, the editor has only one of two meth
ods of redress left open to him. He may
take the law into his own hands by shoot
Ing down the malicious llbeller, or he
may appeal to the courts for a vindica-
tion. This was precisely the
Case in this instance. The
proprietors of the Republican had
fabricated Infamous falsehoods and dam
aging libels, and In spite of den ials, kept
up this system of bushwhacking because
they regarded themselves as privileged
to make target of Edward Rosewater.
There was no political campaign pending
in December, 1882, when they repub.
lished the confederate spy story. They
knew it was false, but they republlshed
1t because 1t served their purpose in pref
udicipg the old soldiers of Nebraska
against us. Called into court to answer
for this libel, they de6antly set up the
plea that Edward Rosewater had no
character In this community, and further
more that the confederate spy story was
a notorious fact. When called
on for the proof they
not only failed to make a showing, but
their libels were dlsproved by indubIt-
able testimony of the loyalty and efficient
services of the plaintiff In the union
army. Thus their Infamous charge was
completely refuted, and the ISLANDERS for
ever silenced with regard to this libel.
Incidentally we may remark that no
attempt was made on our Part to eltab
lIsh consequential damages. Although
the suit was nominally for $4,000, the
amount awarded us was all that could
be expected. 1t carries with it
conviction for libel just a.
1t would have been through verdict of
guilty In criminal conrt. If 1t puts an
end to disputable journalism as carried
on by the subsidized corporation organs
In this .state it will prove beneficial
bott to the profession and the public.
---