Omaha daily bee., 1895-12-28
AN INFAMOUS pERrERSWN or Law
AND JUSTICE

the indCliblc stamp OF infamy upon hi
judicial record. From it's inception (
its contamination the prosecution o
Raker has been u travesty OF justic
and q fragrant violation or constitu
tional rights. 1t is the most h~igh-hande,
attempt ever made in any American
court to subvert that bulwark Of FIRE,
institutions. the freedom of the press
1t Is a pervcrsion of the letter and spiri
of the statutes of Nebraska relating t
libelous publications.
The constitution of Nebraska guar
antces to every man accused of crime
n speedy public trial by n jury of hi:
peers in the county in which the offens,
is alleged to have been committed
IIaker is the publisher of a country papel
in the county of Sarpy. He vas forced
to stand trial on the charge of criminal
libel, not by n jury of his peers In the
county where the publication was made
but by a preiudiccd jury in Douglas
county and before n judge who mt every
stage of the proceedings exhibited the
most intense personal hostility toward
his victim. The ground upon which
I,aker was held to trial in another
county was that a few copies of his
paper We're sen to Omaha ana that he
committed the crime where the alleged
libel was circulated. If this prcsump-
ton were to be made the law of the
land every editor, and every publisher,
and every reporter, and every CORE
spondent, and every newspaper con
tributor could be dragged from home
to distant counties. and states for that
matter, on truinped-up charges of
criminal libel, tried by juries in UNI
friendly communities and subjected to Il
costly defense to crafty the malice of
vindictive personal or political enemies.
The constitution Of Nebraska makes
the publication of the truth with good
motives and for justifiable ends a com
plcte defense in criminal as well as in
civil actions for libel. In civil suits
malice is presumed and the burden of
proving absence of malice is on the de-
PENDANT. In criminal cases every man
IS presumed to be innocent until he IL
proved guilty and it naturally follows
that malice must be established by the
prosecution. In the prosecution of
Raker the reverse order vas pursued.
Raker was adjudged guilty in advance
and required to disprove the existence
of malice.
The criminal code of Nebraska pro-
vides in so many words that no person
shall be deemed guilty of criminal libel
both false and malicious. If it proved
to be true there can be no crime, even
though the publication is malicious. In
such case the aggrieved party has his
remedy by suit for civil damages. In
the case of Raker the truth of the sub
stance Of the alleged libel was prac-
tically established by admissions of the
witness and other wit
nesses, and yet, under the perverse in
of the criminal judge, the
jury was compelled to ignore the evil
dence and bring in a verdict of guilty.
The climax Of judicial outrage was
when Judge Scott converted
bulldoZed verdict into Il conviction
Of felony when 1t was his plain duty, if
the guilt of Raker had beer proved be-
yond reasonable doubt, to have declared
the offense to be a simple misdemeanor,
by fine or Jail Imprisonment.
The sole guide for all judges in
cases must be the criminal
code. The code of Nebraska makes a
between the penalties for
libel committed in papers of general
and for libel committed in
Dnpers of local circulation. The ofrense
can be felony only in papers of general
circulation. The Gretna Reporter, of
which Raker is publisher. was shown
% have a purely local circulation. 1t is
but a village paper with Il hand
'ul of exchanges and subscribers out
side of its town limits. 1t ran
lot be classed by any rational person
lmong papers of general circulation. If
he Gretna Reporter is a pape. of gen
raj circulation and its publisher liable
o prosecution for felony under the
OF Nebraska, every paper in the
'tate is a paper of general circulation
every editor in Nebraska subject
o penitentiary sentence whenever a
ury in n distant county takes exception
o his criticism of public men or candi- |
lates for office.
The doctrine Is monstrous and should
10 vigorously resented by the press, not
My in this state, but in the whole
States. With such a club over
Is head the freedom of the press would |
lot be worth the price of n rush candle.
his precedent, If affirmed, would estab-
lsh a judicial tyranny more despotic
han any that has ever been attempted
utside of Russia and Turkey. A press
jagged by judicial %potentates would
ease to be the tribune of the people.
of being the vigilant guardian
f their rights and liberties it would be-
ONE n truculent slave-impotent to
Xercise its most sacred function, the
Xposure OF official corruption and
surpation.
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EXUBERANT VENEZUELANS.
1t is easy to understand the great