The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-01-23
ANOTHER VICTORY FOR QUAY.
Pittsburg Democratic Newspaper Convicted of
Criminal Libsl-An Appeal Will Be Taken.

PITTsBURG. Jan. 22-After being ont
three and half hours. the jury in the
famous criminai-libel suit of Senator Mat
thew Stanley Quay against the Pittsburg
Post Published Company. Albert j. Barr
president and James Mills editor. brought
in verdict. this evening. of guilty in man
ner and form as indicted.
In charging the jury. Judge Porter said:
1.-The man who has charge of paper is
primarily held. under the law. responsible
If the publication proves libelous. AS to
the defendants in this case, the jury is not
bound to render verdict ss to each. unless
there was a common purpose" The points
presented by the defense. he said. were af-
frmed. They were:
First-If the publication was made without
malice and without negligence, then the jury
must acquit
Second THAT the jury must be satisfied beyond
reasonable doubt that the publication was
made negligently and maliciously, otherwise the
verdict must be for defendants.
Continuing. he said: 1T is the duty of
the commonwealth to prove m alice. 1t
need not be expressed. 1t can be inferred.
When man uses q deadly weapon the law
presumes malice. If the words used are
necessarily of o character to blacken the
reputation and the charge Is false the law
presumes malice. In this case there Is no
evidence or allegation of any special mean
ing, and therefore the meaning is to be
gathered from the whole article upon tho
subject to which 1t relates and after OBJ
tanning all the light possible"
The maximum penalty Is one years i'm
prisonment and 81 600 fine. The court may
reduce this as low as one hours imprisOn-
ment and Ga cents fiEe.
Concerning the verdict the Post will say
tomorrow:
The jury In the Quay-Postiibel case has found
verdict of guilty. This cannot surprise the
public. as il does not surprise A Republican
court, Republican prosecuting attorney and a
journal of libel on leader in the Republican
party. In the Quay trial at Beaver, the first part
OF the week. the Republican prosecuting attor-
ney took the jury panel OF thirty selected six
teen Republicans out of it and stood aside all
the rest. Two of these sixteen were brothers
tn-law of two of his attorneys; two were Repub-
llcan offlce-holders, and nth was a man stand
ing close TO Senator Quay personally, who was
slated In that county as frequently having
handled his political bets. The defendants were
then given the cheerless right of striking out
four of these sixteen men, and going on trial be-
fore the remaining twelve. OF course there was
q verdict Of guilty.
In Allegheny county. in the trial against the
Post. the Republican district attorney, adopting
the policy OF his Republican brother in Beaver
county, called fifty-three names from the panel
Seven OF these failed to answer, leaving forty
six out OF which to select jury OF twelve. OF
private counsel selected sixteen acceptable to
them, and stood aside the remaining thirty. The
only right OF choice defendants had was to strike
out four or the sixteen Even after the defend
ants had exhausted their four challenges, and
were absolutely powerless In the matter OF
selection, the prosecution stood aside other ju
rors
In this manner were the juries selected IN
Beaver and Allegheny counties by MIR. Quay's
private counsel and the Republican district at
torneys TO vindicate Senator Quay. In
view OF the facts, We are justified ir
saying that the manner OF securing these YER
diets is OF much more Importance TO the
people than the results OF the trials are TO the de-
fendants. Ii means that the declaration in the
| bill or rights guaranteeing the freedom of the
press Is a nullity Let it now be understood thai
q Democratic journal cannot, in Republican
county, with Republican prosecuting attorney
crittcise or expose the rascalities Of any Repub
| lican ofhce-holders and expect TO receive the
fair and impartial trial. without which the Law
| guarantees no man shall he deprived OF his lib
| erty or property. SO firmly are we convinced OF
this injustice and wrong. OF the tremendous pos
sibilities OF evil and oppression, inseparable
from this perncious system. that the Post will
1 protest against IL In the highest courts OF oul
| country. The future usefulness and liberty o.
| the press TO combat wrong in high places is in
vOlyed in this Issue. It exists in other State
OF the Union than Pennsylvania 1t is a relic o.
despOtism.