The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-02-02
EDITORS TO GO TO JAIL.
SIX MONTHS AND 5000 FINE HE
COST FOR LI6ELING QUAY.

The Cost of the Prosecution Also to
Be Borne By the Newspaper Men.
The Judge Ssvere on Them for Pub.
fishing Charges With No Evidence
TO Support Them.
BEAVER, PA. Feb. John H. Mellon,
proprietor, and William H. Porter, editor
of the Beaver Star. recently convicted OF
criminal libel upon Senator Quay, were
to-day sentenced to six months in Jail and
TO pay 5000 fine each and the costs of the
prosecution.
In imposing the sentence Judge Wick
ham said brief reference to the facts of
the case would not be emss Among other
things he said: "John Bardsley misappro~
priated over $t,500,000 OF public money.
No Pennsylvanian was ever before
bezzlefnent. The enormity Of Bards-
ley's crime In degree at least. measures the
otfense of maliciously connecting the name
OF an innocent man Herewith.
NO GROUND FOR THE CHARGE.
"Without any more apparent cause than
would exist in the case of any one of the
thousands who honestly received checks
from Bardsley during his official career, you
boldly and seusationally charged the prose-
cutor with being an accomphce of the great
defaulter aud sharer in his plunder. Before
the publication you had in your possession,
the prosecutors denial if any were needed
In his sworn information, he again averred
the falsity of the published charges. Had
your arrest been followed by retraction or
even by silence it would have been possible
to infer that no actual malice instigated the
original publications. you seemed TO be
determined, however, to leave no possible
room for such an inference.
KEPT UP THE ATTACK.
"Insinuations, innuendoes, new libels and
indirect repetitlons OF old appeared in the
editorial columns of the Star up to aud in
cluding the first day Of the trial From one
of these libelOus editorials published only a
week before the trial began, it would seem
that you were acting on the amazing theory
that II newspaper accuses a man Of crime
he is conclusively presumed to be guilty
until he proves his innocence in a
court of justice. aud that even there. his
own denials are entitled to no weight.
at the trial, even after the prosecutor
proved his innocence. you conceded nothing
fully, although unable o'oifer a scintilla OF
evidence to establish sthe truth of your
charges, and not more than a scintilla to
disprove malice.
THE POsT's BACKDowN.
at would have been better to have
frankly admitted the falsity of the matter
published, as was done in a manly war bv
the parties tried for printing a similar libel
in the Pittsburg Post. The case was so clear
as to make it absurd to suppose that any
twelve men who could have been selected
from the jury panel would have acquitted
you.
NEARLY two weeks have elapsed since your
conviction, yet not one word of explana-
ton, retraction or apology has appeared
in your newspaper. Under the circum-
stances, to make the sentence unduly light
would be to turn the proceedings heretofore
had in this court into a mockery and TO
judiclally condemn and abrogate the law IT.
self. For your own sakes and indeed for
my own, l am paiued that you have left the
court without the shadow of q pretext for
being largely merciful. In conclusion may
add that if you had libeled the humblest
man In Beaver county to the same extent
that you have traduced the prosecutor, the
same sentence that is here imposed would
be inflicted
The sentence occasioned some surprise.
1t was supposed that Senator Quay would
be satisfied with a nominal fine and perhaps
one day in Jail. There was a large crowd
present In the court.
TAKEN TO JAIL.
After sentence had been passed, Messrs.
Mellon and Porter were taken to the county
jail to serve their term. 1t is said that after
short incarceration an application will be
made to the board of pardoHs for their re.
lease. 1t is also rumored that their fines
will be paid by the democratic state com
mIttee.