Arizona republican., 1896-08-07
OAKLAND TIMES LIBEL Five Days in Jail and
 $25O.
The Judge Delivers a Lecture
 While Sentencing.
The Rights ana Wrongs. Ups and Downs of Newspaper Life 1t Sounds Familiar.

Oakland Times: Gavin D. High of the Oakland Times appeared for sen- tence in the police court today on the charge of libeling William J. Dingee. When asked by Judge Wood if he had anything to say why sentence should not be pronounced, both High and his attorney, MT. Beatty, stated that they were ready for sentence.
 Then after telling MT. High to stand up, Judge Wood said: You have been convicted of the crime of libel the most serious which comes within the jurisdiction of the police court. The law of libel fixes the extreme pen atty for the offense a fine of $5,000 and one years Imprisonment in the city l prison. There is no evidence in this case to show that you, yourself, con- posed this libel or that you knew of | it before its publication. However, the law makes the publisher of a pa- per liable for whatever appears within | it. A newspaper is 8 powerful instru- ment in a community. It is a moldeF of public opinion and editors and pub fishers should use this power with great caution. A newspaper publish CT has no right to attack a mans char acter. A mans character is as sacred as his life or his liberty. It is now some time since this libelous article was published, but yet there has been no excuse offered by you for it's pub lication. You have made no retrae- tion whatever of the article.
 While the evidence in this case l ,irr1,{ ,&o.,, o4H H. poration, it cannot justify the language used in regard to the private character of MT. Dingee. The article goes on to say that MT. Dingee was engaged in stealing the business of the Contra 1 Costa Water company This attacked MT. Dingee in his private capacity. l Later on the article refers to the swindling methods of Dingee and his coterie of leg-pullers This is grossly libelous, and the article proceeds to follow up the matter on the same lines. It may be that newspapers are con- stantly engaged in publishing such ar tieles as these, and are not prosecuted for it. The reason for this probably is that the newspapers wield such an influence that the ordinary citizen does not dare to prosecute them. I. is the duty of the court to protect the private character of citizens from as sau1t.
 You have said nothing by way Of retracting this article, and so you stand before this court just as if you
 wrote the article yourself It is my
 painful duty to impose a sentence in this case which will deter others from
 repeating the offense. As I said be- fore. it is the duty of the court to pro-
 tect the reputation of citizens. It is the judgment of this court that you
 pay a fine of $250 and serve the term
 Of five days in the city prison, and fB
 case the said fine is not paid you shah
 be imprisoned in the city prison one
 day for each $2 of the said fine remain
 ing unpaid"
 When the judge had concluded, At :. torney Beatty, in behalf of the defense. 7 stated that he had served notice of , appeal to the supreme court on Pros ecuting Attorney Melvin and he asked
 the judge to fix a bond on appeal. Judge Wood at first said that he did f not know whether he had the power ta
 fix bond in this case, but finally de
 cided to do so. The bond was fixed at
 $500 and High immediately offered as
 sureties his brother, w. H. High, IT.
 of the Union National bank, and Q, E. Hotchkiss, real estate dealer. The bond was approved, thus suspendins
 the execution of judgment in the case I until the appeal is passed on by the superior court.