The Baltimore County union., 1886-10-02
Newspaper Attacks on Judge Fowler
rudOa Wattara GharCaa tho Grand Jury

Newspaper Attacks on Judge Fowler
| Judge Waters Charges the Grand Jury
| on the Subject.-Lately a newspaper called
| the Peoples Voice made number of outrageous
unjustifabe and altogether uncalled for attacks
on Judge David Fowler, and on Wednesday morn
ing, when court opened, Judge Waters, of Belair,
who was presiding, brought the subject to the at
tention of the Grand Jury in the following charge
"Mr Foreman and Gentlemen of the Grand Jury
Il believe it to be my duty, owing to facts which
will be brought to your attention in the proper
way by the States Attorney, to directly our atten
tion especially to the law of libel. 1t is not nec-
essary for my present purpose that l should give
you any of those refined definitions nice dstinc-
lions which only useful to distinguish doubt
full cases. In general terms we may say that any
thing written printed calculated or intended to
injure the reputation of another hold him up to
contempt or ridicule is libel in this State under
the common law, and punishable by indictment,
there is need that it should actually effect this
object it may indeed be powerless; if it be cal
culated or intended to produce the result that is
sufficient. Every one is presumed to intend the
probable consequences of his act, and when man
Intentionally publishes of another, matter which
is lbelous, he is held to have malice in law against
that other, whatever may have been his motive in
fact. The reason and the propriety Of the law
against libel must be obvious to all. The State is
bound to protect its citizens as we'll against as
upon the person. Certainly there is nothing
which every honorable man holds so dear as his
good name and reputation and the respect of his
fellow men. 1t would be preposterous to suppose
that the law which guards every mans rights SO
carefully in other respects should leave him ex-
posed in so vital point to the malice of bis enc
mics and again, the State is bound to preserve
peace and good order within its bounds, but if it
cannot or will not protect the individual it must
be expected that the individual will protect him
self. This would necessarily lead to breaches OF
the peace and general disorder.
"Libels may be directed against private or
against official persons. If it is the duty of the
State to protect all its citizens, you must see that
it is doubly its duty to protect its servants while
in the discharge of their duties. Every individ-
ua feels instnctively impelled to protect his own
servants, and the law recognizes it not only as
right but as duty. How much more then have
the servants of our liege sovereign the right to
expect the fullest protection which the laws can
give? Besides, the State can act only through its
servants-if it allows its servants in their official
capacity to be held up to contempt and ridicule,
it thereby allows itself to be brought into contempt.
"The matter to which l especially refer and
which will be brought to your attention by the
States Attorney by proper evidence adduced before
you is a pumber of articles referring by name to
one of the judges Of this court, which have appear
ed from time to time during the past year in a
believe, to be published in Baltimore county, and,
at all events, actually circulated therein. 1t is
not, am sure, necessary for me to call your at
tention to the distinction to be maintained between
a free press and licentious press. Neither the
State nor an individual has any right to object to
any honest criticism of public official. To use
the words of learned English judge, it is 'law
full, with decency and candor, to discuss the ver-
dict of jury the decisions of judge;' but, as
he goes to say in substance, if a publication
contains no reasoning or discussion, but only dec
lamation and invective, and was written not with
a view to elucidate the truth, but to injure the
character of individuals, and to bring into hatred
and contempt the administration of justice in the
country, it is libeous.
at is not my place TO characterize in any way
the articles which will be submitted to you for
your judgment; it will be your duty to read those
articles as men of common understanding and
then say what meaning they convey to your minds J;
whether they constitute an honest, decent and
candid criticism of official action whether they
evince malicious heart bent on inficting pain
and modification the person assaicd and in
tending to degrade him in the eyes of his fellow
men, and to bring the administration of justice in
this court into contempt. Now, gentlemen of the
grand jury, charge you, under the solemn oath
in virtue of which you constituted the grand
inquest of the State of Maryland in and for Bal
timore county, that you shall diligently inquire
into this matter and present to this court here the
truth as you shall find it"