Evening journal., 1891-06-12
THE LAW oF LleeL.

Judge McAdam Of the Superior Court,
New York. has rendered an opinion that
is likely to stop many libel suits
1t is often the case that the man who
wishes to restore his character in court
has no character to restore IL is not
often the case that newspaper pub
fishes anything affecting mans per-
sonal or financial standing without
having ample evidence Of it's truth. 1t
is remarkable, indeed, how accurate and
paInstaklng the bright young
men" of such paper as
the EVENING JOURNAL are. It is re-
markable how they have made common
currency of the expression III you see
it in the EVENING JOURNAL it's so. !"
No well.conducted newspaper ever
permits malicious statement No we'll
conducted newspaper ever attacks >
mans character which is susceptible Of
damage-which he by his own acts has
not already ruined II that were not so
there would be nothing to publish.
The decision Of Judge MeAdam is in
the suit of Vincent A. Wieher against
the Tribune Association for damages
through It's publication several years ago
Of a despatch that he had been lynched
for numbering his wife, which was un
true. In the answer no attempt was
made to justify the publication, but
alleged acts Of murderous atrocity by
wicher and the guerilla band under his
command during the recent war were
pleaded In mitigation.
An order was granted for Wichers
examination before trial. To the ques-
tions put by the defendants counsel
vigorous opposition was made by the
plaintiffs counsel, on the ground that
the questions referred to acts unknown
to the defendant when the alleged libel
was published. The Judge said
A person bringing slander or libel
| suit In effect puts his character on trial
Character is what a man is. Reputation
Is what people say he is. In determin-
ing whether character has been injured
the jury is entitled to know who the
complainant is, where he belongs and how
much and what kind OF character he has
capable Of injury, so that they may in
telllgently FIX It's pecuniary value aui this
extent Of the injury. This Is good
common sense as well as law
When person wants an in.
Jury repaired 1t is always competent
TO ascertain the reasonable value. JurieI
always consider this. and 1t is useless FOL
courts to shut their eyes to it. Thl
/ plaintiffs proposition Is that tht
J defendant cannot show certain truthi
because II did not know them at tn
time It published the article complaine,
Of. The want Of this knowledge may b
unavailing TO relieve from the charge o
malice, but the defendant is entitled to
: photograph Of the truth. which is avail
! able, either in justification or mitigation
: so far as the question Of damage is con
cerned-no further. But le
as have the truth and the whole truth a
ia other controversies and justice vii
indicate the right
Being good common sense that mus
: also, of necessity, be good law.
I In the various suits with which th
I EVENING JOURNAL has been threatene
o by variegated characters, there is not
e case where we could not have sustalns
q our case as laid down by this leRrns
70 Judge.
o In the Cunmins, the Pierce and sever
IS minor cases, the threats Of suit wei
y pure "bluif and the buffers" have eth
n run away or sunk into deserved oil
le security. Every case has been demon
h stration that the EVENING JOURNAL h
IS done public duty without fear or favo
N without malice OF vindictiveness al
y without mistake.