The record-union., 1892-02-12
A DEpLoRABLE TENDENCY.

In sentencing two publishers in Penn
! sylvania recently, who had been con-
yicted of libel, the court said-after allud-
ing to the fact that the libel was atrocious
and that the defendants, after being given
full opportunity to do so, made no retrac-
ton or explanation and expressed no re-
gret for their offense:
From one of these Iibelous editorials. pub
/ hshed only week before the trial began, IL
| would seem that you were acting on the aTnaz-
/ ing theory that If newspaper accuses man
OF a crime he is conclusVely presumed to be
! guilty until he proves his innocence in a court
| OF fJustice, and that even there his own denials
| are entitled 10 no weight. At the trial, even
after he prosecutor proved his innocence, you
conceded nothing fully, although unable 10
| offer a scintilla of evidence TO establish the
truth OF the charges, and not more than
Scintilla TO diSprOve malice. The case was so
! clear as 10 make il absurd TO suppose that any
| twelve men, who could have been selected
| from Jury panel would have acquitted you.
We quote the sentences to call attention,
sharply, to the steady and dangerous ex-
pansion of the line of reasoning that ifa
man is accused in public print it is in
cumbent upon him to prove his inno-
cence; that it is quite sufficient to prefer
charge. and that thereafter it is a matter
of Indifference whether it is substantial
or not.
No one who reads newspapers much
can have failed to notice that very largely
the sensational press is conducted upon
the assumption that accusation is equiv
alent to conviction, and unfortunately for
| defective human na+,,ra n vary ooncidar
able number of people accept the doctrine
-insensibly, perhaps, but naturally in
the cases of those who permit newspa-
pers to do their thinking for them.
1t is not long since distinguished pol
itician Of the East, noted for his shrewd-
ness, remarked in conversation when
this deplorable tendency was under de-
bate, that he considered it quite sufficient
to cripple if not to wreck an opponent
If newspaper should even intimate that
the man was under a shadow. He quoted
in support of his opinion a noted case in
which an opponent was overthrown be-
cause the press opposed to him persist
emily repeated that once upon time he
had been charged" with unfaithfulness.
AS a matter of fact it was true that he had
been so accused, equally it was true that
the accusation was malicious and that he
had not proved his innocence, for the
very sufficient reason that he never had
the opportunity to do SO, except at the
heavy cost of a libel suit that he was
financially unable to even institute.
>. Until higher sense of responsibility,
fairness. and common justice displaces in
certain of the press of the country the lust
for sensationalism, men must suffer this
injustice and merciless persecution. But
it cannot always continue; there must
come time when the standard of COM
mon decency will be lifted to the place
now occupied by mere suspicion, sensa-
tionalism and the charge of guilt with
out proof. The time will come when
a retraction system will obtain, and men
charged with ill-doing will be able with
out expending their means to compel
libelers to withdraw their charges as
publicly and fully as they prefer them,
or else accompany them with the iustifica-
ton of positive proof. The mechanism Of
orderly government will remain incom-
plete until this rule becomes the law for
the poorest and humblest as well as for
the richest and loftiest.