St. Paul daily globe., 1892-01-23
The Pennsylvania Sharper Is
Again Victorious in His
Libel Suit.
Pittsburg Post and Editors
Pronounced to Be Guilty !
as Indicted.
Incisive Editorial Comment
on the Result and What
1t Means.
Startling Facts Published as
to the Makeup of MIR.
Quay's Juries.

PITTsBURG, Pa. Jan. 22.-After beins
out three and a half hours, the Jury i'm
the famous criminal libel suit of Senator
Matthew Stanley Quay against the
Pittsburg Post Publishing company,
Albert j. Barr, president, and James
Mills editor, brought in verdict this
evening of guilty in manner and form
as indicted.
The morning session of court was de-
voted to the arguments. MIR. Ferguson
addressed the jury for the defense and
Mr.. Marshall followed in behalf of the
prosecution. Judge Porter then charged
the jury. In opening he said: "The
man who has charge of paper is pri-
marily held under the law responsible
if the publication proves libeIous. AS
to the defendants in this case, the-jury
is not bound to render verdict as to
each unless there was common pur-
pose." The points presented by the
defense, he said. were affirmed. 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 a reasonable doubt that the publica-
ton was made negligentiy and maliciously;
otherwise the verdict must be for the de-
PENDANTS. +
Presumption of Malice.
Continuing he said: alt is the duty of
the commonwealth to prove malice. 1t
need not be expressed. 1t can be in
ferred. When a man uses a deadly
weapon the law presumes malice. If
the words used are necessarily of a
character to blacken the reputation and
the charge Is false, the law presumeS
malice. In this case there is no evil
dence or allegation of any special mean
ing, and therefore the meaning is to be-
gathered from the whole article upon
the subject to which il relates, and
after obtaining all the light possible.
At 3:15 o'clock the judge finished his
charge and the Jury retired. After
waiting some time and the jury not re-
turning, court was adjourned until
O'Clock. When court recenvened az
that hour the jury came in and asked
for additional instructions. The points
on which they desired information were
whether the jury would be justified
in bringing. in verdict of guilty
negligence; also if the defen-
dants should be found guilty as cor
pOration or as individuals. The Judge
said where negligence was found the
law presumed malice, and that if it was
malicious or negligent it was the duty
of the jurors to convict those defendants
who were responsible for the pnblica-
ton. The jury retired again, and at
GAS O'Clock returned with the verdict
of guilty. When the verdict was rem
dered none of the principals were pres
ent. The court then adjourned.
The Edito<IaI View.
Concerning the verdict in the libel
suit, the Post. will say tomorrow:
1.-The jury i'll the Quay-Post libel case
has found a veruict of guilty. This
cannot surprise the public, as it does
not surprise US. A Republican court,
a Republican prosecuting attorney and
cratic journal of libel on leader of the
Republican party. In the Quay trial
at Beaver, the first part of the
week, the Republican prosecuting at
torney took the jury panel of thirty,
and stood aside all the rest. Two of
these sixteen were brothers-in-law of
two of his attorneys. two were Repub-
lican OfficehOlders, and fifth was man
standing close TO Senator Quay person.
ally, who was stated in that county as
frequently having handled his political
bets. The defendants were then given
The Cherries Right
of striking four of these sixteen men
and going to trial before the re emaining
twelve. Of course there was verdict
of guilty.
I'm Allegheny county, in the trial
against the Post, the Republican dis
trict attorney, adopting the policy of his
Republican brother in Beaver county.
called fifty-three names from the
panel. Seven of these failed to an
swer, leaving forty-Six out OF which
of these, District Attorney Burleigh
and Mr.. Quay's private counsel selected
sixteen acceptable TO them and stood
aside the remaining thirty. The only
right of choice the defendants had was
to strike out four of these sixteen. Even
after the defendants had exhausted
their four challenges, and were absO-
lutely powerless in the matter of selec-
ton, the prosecution stood aside other
jurors. In this manner were the jurieS
selected in Beaver and Allegheny coun-
ties by Mr.. Quay'S private counsel and
the Republican district attorney TO yin-
dictate Senator Quay.
Press Freedom Nuliffied.
"In view of the facts, we are justified
in saying that the manner of securing
these verdictS is of much more impor-
tance to the people than the results of
the trials are to the defendants 1t
means that the declaration i'll the bill
of rights guaranteeing the freedom
of the press is nullity. Let
it now be understood that a
Democratic journal cannot, in a Repub-
lican county, with Republican prose-
cutting attorney, criticse or expose the
rascalities of any Republican office
holder and expect to receive that flair
and impartial trial." without which the
law guarantees no man shall be de-
prived of his liberty or property.
So firmly are we convinced of this in
justice and wrong. of the tremendous
possibilities of evil and oppression, in,
separable from this perniciOus system,
that the Post will protest against it in
the highest courts of our country. The
future usefulness and liberty of the
press to combat wrong in high places is
involved in this issue. 1t exists in no
ether state of the Union than Pennsyl-
vania. 1t is a relic of despotism.