The record-union., 1894-02-01
CONCERNING THE Law OF LIBEL.
Lawyer Hollis Argument in the Gil
man. Bee" Case.
what Constitutes Privileged Pubiica-
elons-AuUhorities Cited and Some
Witnesses scored.

The opening argument in the Gilman
Bee libel case was made before Judge
CatlIn yesterday morning by S. S. Holl
Tor the prosecution. The testimony, he
SAID, had been somewhat scattered and
confused, wherefore it was eminently
proper for the court to request counsel to
sum 1t up in proper shape for presenta-
ton. There is nothing more sacred than
the character OF citizen, and the law
protects it from calumny. "a good name
is more to be desired than riches" The
man who does not estimate his good
name above every other consideration in
life must have fallen low indeed.
Iti eminently just and proper that the
law which protects citizens character
should be enforced when that character
has been unjustly assailed. There would
have been not only no justification for the
article complained OF, even if it had refer
ence to proceedings in court. and much
less was there justification therefor under
the existing circumstances.
Counsel quoted from the Civil Code TO
show that everybody is entitled to pro-
lection against defamation or injury to his
character. The codes definition OF libel,
SANDER, etc., were then recited also that
of privileged communications. Quota
tions were also made from the Code of
Civil Procedure on the subject of defama
tion Of character or libel.
He then read the allegations fthe COM
plant. embracing the article complained
OF also the answer made to the COM
plant, alleging that the publication was
true, and that on the 10th day of August
Mrs. Estella Truitt had sworn to COM
plaint charging c. II. Gilman with the
crime of rape.
Judge Ron declared that the article
was grossly libelous, as would be shown
by authorities that would be presented.
The defendants claim it was published
from jusCfable motives and that it was
true, but they have gone to an unneces-
sary extent IN the matter. The story of
the woman as published did not alIege
criminal assault, but they went beyond
her statements and made allegations that
were unwarranted.
a case in the 50th California Reports
was referred to by counsel, in which the
defendants in an action for SANDER
claimed that the article was true. The
court required the defendant to produce
evidence sufficient to convict the plaintiff
in an action on a charge of the character
of the one complained OF, which ruling
was upheld.
Counsel said that under this ruling the
court, sitting as jury, must, in order to
acquit the defendants, ind that they had
presented evidence sufficient to convict
the plaintiff. if on trial on charge OF
assault with intent TO commit rape.
The statement made in the defendants
answer that 1.-The Widows Story'' was
published as a matter of news, places |
Judge Holl said, very low estimate on
the morals of this community. 1t was |
vile, gross and indecent. and one that no
decent man would place in the hands of
his children. 1t is because of the publ |
cation of such articles that the Bee is not
permitted 10 enter the homes of many |
families in this city.
The liberty of the press has been said |
to be one OF the main pillars of humanity; |!
but does the liberty of the press inculcate !
the idea that the newspaper may assail |
private character? Is it conducive to the !
public good that journalists shall be al |
lowed to publish indecent and defamatory
articles? AS well might we invite the
germs OF Asiatlc cholera into our midst. |
ReSuming his argument at the after |
noon session, Judge Holl quoted again |
from the defendants answer to the COM |
plant, in which they hold that if the |
plaintiff had suEered any damage or loss |
1t was not because of the publication COM |
planned OF. but of certain acts of his own,
notorious IN this community for years |
past" This, Judge Holl said, was wholly |
unnecessary and beyond the scope of the |
matter at issue. He also referred to sub |
sequent publications concerning Gilman, |
including cartoon, as showing the ma
lice complained OF.
Counsel then quoted from volume Is. |
American State Reports. on the law OF |
libel, as laid down in case against De- |
trOit paper brought by two men who had |
been charged by the paper with fraudu- |
lent acts. The publishers claimed that |
the article was published for good and |
justifiable ends, and was a privileged |
HI
discharged.
The court held that little inquiry !
would have convinced the publisher that |
the men were innocent. 1t was not a |
privileged publication, and the only |
question for the court to consider was the |
amount of damages. If journalist pub |
fishes articles charging or insinuating
crimes against persons on information |
obtained from policemen or others out |
side court, even under the belief that |
they are true, he must do so at the risk of |
being prosecuted criminally or for dam
ages. The decision quoted was long and |
explicit on these points.
Many other authorities in the same |
line were quoted by counsel, some Of the |
cases referred to being Of very much the |
same character as the one at bar. Judge |
Holl then gave further authorities on the |
point claimed-that the defendants, in |
order to Justify their acts, must present |
evidence that would be sufficient to con- |
yict the plaintiff if on trial for the charge |
made against him. 1t was O'Clock when |
he completed his citations of authorities. |
Counsel then proceeded to review the
testimony taken in the case in order 10 |
show that there was nothing to justify |
the publication complained of. The de-
fense is that on the 1Ith of August, 1892, !
the plaintiff conducted himself toward
one Mrs. Truitt in an indecent manner;
that he then and there made an assault |
upon her; that in the struggle that ensued |
The woman's jaw was dislocated; that the
plaintiff procured physician to replace
the dislocated jaw. and shortly atterward |
did criminally assault her. Also that |
some days afterward he repeated some of
the alleged acts of indecency.
Judge Holl then paid his respects to |
Lulu Estella Truitt, who he SAID has no
local habitation and not much of a name.
She had lived in many parts of the coast, |
finally coming TO this city. She had told
some persons that she was married and
others that she was single woman. TO
some she said she had a little sister to
support, and to others child OF her own.