The Portland daily press., 1896-01-28

give to the poor men, as we'll as the rich,
the same value for his testimony in
court he had no doubt that Jury
could be selected from whom the Eve
ming Express could ring verdict. But
he thanked God that such was not the
present jury. Because the directors Of
the Evening Express are men of wealth
and political influence, we have no fear
that the humble citizen, as my brother
has designated Chas. A. Plummer-the
humble citizen, country born and self
educated and reared, with nothing tut
his character for honesty and integrity,
shall have justice done to him Just as
much as to the richest and the strongest
Mr.. Noble read from the statutes ms
to the right of any and all citizens
Where Is the truth, as told by these wit
nssses Is the defense right when it says
1t had good reason for that malicious
attack? Does the defense believe it is
right2 They come in here with all their
respectability and influence and they
bolster up this man of straw with testi-
mony from their own emplo yes and per-
jured sources.
Mr.. Noble claimed that all testimony
showed that Charles A. Plummer. down
to the time Of writing that article stood stood
unchallenged for honesty before thu
whole world.
Editor Norton himself confessed that he
had known him as faithful and honest
officer, and down to the publication OF
July Sd, the columns of the Evening Ex-
press hal never mentioned Plummer's
name in derision or criticism, and his
brother, Mr.. Heath, goes farther He adj
mits that down to to-day Charles A
Plummer's character as a private citizen
is not assaulted. But he says that some
times men of character are swept into
crime in the heat OF passion. That was
the only statement that could lie in his
mouth after the previous one. He him.
self cOroborates the statement of Hall L..
Davis, Rev. S. f. Pearson and the others
that the plaintiffs character is unqiies-
toned. Why, what's the trouble? The
only trouble that / can find. is that
Charles A. Plmmer enforced the law too
fearlessly. The moment he goes up to
the Durant house, Col. Dow's property.
he's marked man.
He's dared to invade the Durant house.
He's had the hardihood to go up to the
upper portion Of the town and enter
the portals of Col Dow's hostelry. If
he went down to Mary Finnerty's on
Fore street-if he had confined himself
to the lower level, and had left alone
nv lords, the wholesale druggists and
the Duke of the Durant house, you'd
never have seen those newspaper attacks
against him. 1t is mighty significant
that these articles began to appear in
this paper at the time of the first seiz
ure at the Durant house.
At this point the noon recess was tax
en-.
THE A FTERN DON SESSION.
Mr.. Noble resumed his argument in
the afternoon session. He continued to
speak of the constitutional guarantee
that protects mans reputation as we'll
as his person and property.
Mr.. Heath had requested of him a slight
correction in what he had said in the
forenoon. He said that there was no
newspaper criticism rejecting upon the
character Of Plumn5r previous to July
8. Mr.. Heath called attention to the Ex-
press's article entitled "The County
commissioners report" as being criti
oism of the sheriff. Mr.. Noble said that
| this article was not in evidence.
But almost contemporaneously with
| the second seizure at the DuIant house,
we find the Express filled with al .cles,
| defamatOry, intensely bitter, containing
| the most serious charges, and breathing
| venom in every line.
| believe that they were mighty signifi-
can't, following as they did, the second
seizure.
Mr.. Noble said that it was matter OF
profound Joy to him and to the people
VI Uilo cuuutfy 1uetG bn6 law provinces UnaG
tits not whether the judge presiding con-
siders an article llbellous or motif is
not whether the counsel on either side
consider it such, but the law leaves it
to the average every day man who reads
it in his family.
| 1t is the way the average citizen under
stands it. Mr.. Noble here read the arti-
sentence was a fat footed dire ct charge
aUHinSt Pl1JmIOer of mRlfaAsanra in
Office of 'A@'' -
They try to laugh it out OF court. They
try to say that it don't mean anything
when they find they are caught. Did
you ever see a bully in the schoolyard
declare that he didn't mean to strike
his victim when threatened with punish
mentf
They whine. They say they didn't in
tend to charge anybody with crime.
They only wanted to show up the spot
ter system and warn officers against
crossing the line of propriety. This isn't
a little irritating matter that has come
to Chas. Plunmer. This was charge
soul and made him grieve with a sense
OF Injustice at the thought that that
declaration of crime had been spread
broad cast over the country.
What do they say of it? They say that
1T WAS an honest criticism. 1 claim that
when they charge man with crime,
nothing in the world can help them but
the truth. The rights Of the press are
of no greater consequence than tho rights
of any and every citizen.
Mr.. Noble dwelt upon the legal limi-
tations of newspapers and argued that
they have no more immunity from trans
gression than the private citizen They
| have the right to publish the truth, but
no right to publish falsehood against
any person with IMMUNITY.
But my brother says TINT the press is
the great educating influence of this
century. That is true But it is no more
SO than the great silent home influence
| Newspapers educate when they keep
within their limitations. When they do
scend from criticism to accusation and
| from accusation to defamation and oblo-
guy, they have no privileges
whatever latitude of liberty is allowed
them as publishers of news
That is what I understand to be the
| freedom of the press.
But my brother says that is only ortiz
cism Look here, "Some young man
has committed the crime of perjury by