Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1886-08-09

l D.
3 nan, T. F. Fame, G. B. Bradley, Meriden
, Miss Delaney, Holyoke, Mass; John J. Bren
nan, A. M. Brennan, J. F. Byrne, New Ha
ven; R. T. Cook, wife and daughters, Meri
den; Mr.. Giddings and wife, Hartford; Mrs
Gardner Morse and daughters, William J
!; Ives and wife, Msriden: James Curtiss, wifi
and daughter, Seth Wright and Charles
Smith, T. Fl. Rockwell and wife, Eas
Windsor; G. A. Frink, wife, child anG
nurse, New York; Mrs. Snyder, Miss
Lizzie Snyder, New York; Miss Dockom, OF
ter River, Mass; Mr.. and Mrs. D. Stiles
Durham; Mr.. David Cashom, Springfield
Mrs. Welton, Miss Welton, New Haven
Samuel Root, wife and child, Waterbury
Joseph Mcclure, Hartford; Charles Andrews
wife and son, New York; Mayor John Della
ney, wife and daughters, Holyoke; Charles
Hitchcock, Hartford; T. F. Kerwin, Meri
ford; L. J. Dudley, Northampton; J. G.
Beach and family, Meriden.
FINED FIFTY DOLLARS.
More Trouble For The sswalkins Del.
egatess-Judge Deming,s Finding I'm
The Libel Suit.
In the City court on Saturday morning
Judge Deming rendered his decision in the
case of State VS.. Benjamin F. Glidden, tried
some time since, in which Glidden was
charged with criminal libel in that he issued
and distributed a document which contained
| libelous statements regarding the JOURNAL
AND COURIER. After reading his decision
Judge Deming imposed fine of $50 and
costs, from which the accused appealed.
The bond on the appeal was fixed at 800
and furnished by John Leary of Church
street. Following is the full text of Judge
Deming's decision:
The STATE City Court
BENJAMIN F. +. errDDrn. New II Haven
Benjamin F. Glidden is charged with a.
criminal libel, and that he did unlawfully
| write and print and publicly exhibit and dis
| tribute certain indecent and abusive matter
| of and concerning the Darlington Publishing
company of New Haven. As the defense de-
clined to offer any evidence upon the trial,
the cause must be determined upon the evil
dence produced by the State and the law ap-
plicable thereto. The libel charge is fol-
lows:
FACTS FOR THE PEOPLE!
The JOURNAL AND COURIER still unfair sheet.
Workingmen, keep your eyes open
The traitorous sheet still claims immunity.
Misrepresentation still followed out by the JOUR-
Let justice be shown though the heavens fall
A word to the wise is sufficient
Eternal vigilance is the price of liberty
The JOURNAL AND COURIER opposed to honest Ia
Dor.
The statutes under which this complaint is
brought are as follows:
or srbse anT ad e or
abusive matter concerning any person shall be
fined, etc, and
or advertise any abusive and offensive matter with
defame another, shall be fned.'' etc.
Both of these statutes apply to libel.
It is proved that Benjamin F. Glidden
caused to be printed and that he publicly
exhibited and distributed the circular con-
corning the JOURNAL AND COURIER.
Does the circular come within the inten-
ton and meaning of the above statutes and
is it libelous?
The gist of libel is malice. Under the
first statute malice is not necessary ele-
ment. 1t is sufficient if the matter is F'inde-
cent or abusive" Under the second statute
1850 malice is important, in fact the es-
sence of the offense.
In the case of Haight VS.. Cornell, Is Conn.
II, the court says "a libel Is false and
malicious writing published of another
which renders him contemplate or ridiculous
in public estimation or exposes him to pub
lie hatred or contempt, or hinders virtuous
men from associating with him." and in the
case of Hillhouse VS.. Dunning, Conn. 4OS,
the court adds another element that is "with
an intent to provoke the living, or to injure
the reputation of who is alive, and
thereby expose him to public hatred, con-
tempt, or r1d1cule.
The defense claimed in argument that the
language of the circular is not abusive, indie
cent or offensive, that while it has on its
face an unexplained. an offensive appear
ance, it is not SO in fact, because the Ian
guage has a secret meaning understood by
Glidden and his associates, and that this
court must construe the language as it was
understood by the writer's. The court SAYS
in the case of Commonwealth VS.. Kneeland
20 Pickering 216, to which the defense refer:
eff obscure and ambiguous language is used,
or language which is fgurative or
ironical, courts and juries will understand
it according to its true meaning and import,
and the sense in which it was intended is to
be gathered from the context and from all
the facts and circumstances under which it
was used. The law does not look to the Ian
guage alone, but to the ideas of which that
language is the Ineligible expression"
Whether not then the language of this cir
cular is abusive or offensive and renders the
JOURNAL AND COURIER contemplate or
ridiculous in public estimation, or exposes it
to public hatred or contempt, is to be gath
cred from the language of the circular and
from all the facts and circumstances connect
ed with its publication.
In regard to these facts there can be no
doubt. They were presented by the State in
great detail and show conclusively that Ben
jamin F. Glidden was, and for long time
had been, engaged in a systematic and care
fully Predetermined effort to injure the Jour
NAL AND COURIER in its business and reputa-
tion to make it contemplate and ridiculous
in public estimation and expose it to public
hatred and contempt.
The defense further claimed in argu-
ment immunity under the provisions of
the bill of rights AS I understand the |
bill of rights, every person is at liberty |
to print and publish papers, circulars or |
books without previous permission from any
censor or government officer, subject to per-
sonal responsibility for the matter printed. |
It cannot be claimed that the bill of rights |
gives one man right or privilege denied to /
another or gives one man the right to injure |
another by persistently printing and publish |
ing of another that which is intended to in |
iure him in his business or reputation. |
Rights and duties are mutual and it is diff |
cult to conceive how in society, where rights |
and duties are relative and mutual, there can |
be tolerated those who are privileged to do |
injury sElegibus soluti."
I am fully satisfied that the circular en-
titled s'Facts for the People" when ex
planned by all the other circulars, proven to
have been printed at the instigation of the |
accused and circulated by him, and by the |
acts and statements of the accused direct |
ly connected with the publication of this |
circular, is abusive and offensive, and that it
was published with the malicious intent to
injure, disgrace and defame the JOURNAL
AND COURIER; that the acts of the accused in
publishing this circular are criminal and
that the well being of the community and
that the safety of individuals require that
such punishment be melted out to the offend |
er as will prevent repetition of the ofense.
Pine Orcharders illuminate.
The Pine Orchard summer residents illu- |
minated in fine shape Friday night. The |
headquarters we're at the house of Mr. Full |
al IL