The Portland daily press., 1896-01-28

honestly comment upon the acts of its
puplc servants, their qualifications and
pernops, sometimes, their motives, and
make similar comments upon candidates
for public office, but that does not mean
license; they have no right to attack
private character or official character
recklessly, wantonly, without suffioient
grounds; but it may be that after due in
yestlgatlon and as careful investigation
as a careful inau csn give, tho charges
may seem to be SO substantially proved
that a cautious man, regarding the
tights of the community and of eyerv in
diyidual will honestly believe their truth.
and that it Is his duty to publish them
for the benefit of the community, and VET
they may turn out to be false. 1t will
not do to say that public newspaper
may never publish anything which uiti-
| h,ately proves untrue, because that would
prevent the publication of all news. We
never can be quite certain until we have
had trial in court and the judgment OF
court, and even then There is some pos
sible chance for mistake, that an allega-
tion IL absolutely true. But they should
have their information from such reliable
sources or take such reasonable measures
to ascertain its truth that fair minded
and honest man, searching for the truth,
would believe it to be true. and II they
have such information, acting honestly,
on the allegations or The facts obtained,
malice, in regard to a public officer and
his public acts then such publication is
privileged and does not form just cause
of action, even II on su bsequent 1nvest1
CATION it may turn out the charges are
untrue.
i Now you will weigh all the evidence as
candid, conscientious. intelligent men.
Judge of the credibility of the witnesses;
draw such differences from the acts and
declarations OF the parties as in your
Judgment should be drawn and weigh
also the arguments, the able arguments
of the counsel upon the one side and the
other. so far as you find them justified
and sustained by the evidence in the case
and then come to conclusion in your
minds as to what7is the truth in this case
ls the article itself, unexplained, libel
lousf II not it is not a libel Is it
proved true2 II SO, Ithen it is justified and
your verdict should be for the defendant
II it il proved to be true in part and not
true In the other part, why then, for the
part that is not true the defendant would
be responsible, unless it Is privileged
communication such as have mentioned
TO you. But it libellous and not true and
not privileged, then the defendants are
Liable; and in that condition OF things
you will come to the question of damages.
A libel published against party I'M
Justified either on account of its truth or
upon the other principles as I have stated
implies some damage, and in the absence
OF all evidence OF damage there should be
nominal damages, one cent or one dollar.
The only evidence OF special damage in
this case is the suspension from This Office
as liquor deputy for some two or three
months. AS against that should be
deducted, il You come to this question,
any amount which he might have earned
or did earn during the time because, If a
man loses place it is his duty to make
the loss % light an he may reasonably
by employing himself at something else.
Now the elements Of damage would be
loss Of reputation. I am not aware there
is any evidence in this case of his loss of
any employment except as admitted. I
am not aware that anything has appeared
to show that any losses occurred in his
relations in society. or that anybody has
Stunned him, or that he has suffered any
thing pecuhiarfly in any way, except for
the time b . was suspended. if there is
such evidence that is to be weighed. ANY
pain or suffering caused to his feelings
would be an element of damage to be
estimated as best you may; nothing has
been said upon the stand believe in re-
gard to 1t, but that is an element which
might be very seriouse to some man and
of very little consequence to other men.
| So that, il you come to this question of
damages you have that element of special
damages have alluded to, the loss of
time, &C., and suoh sum as you think
would compensate him for the annoyance
and inconvenience and unpleasant feel
ings, il any. You cannot compensate him
for any injury to the feelings of his
father or any of his family; it is for him,
1t is what he has suffered.
Upon the question of the truth Of the
article do not know, but have stated
all desire to. say II it Is proved to be
true that is an end OF the prosecution,
unless you find that the publication or
iginated in corrupt and malicious
motives; that Is to say, corrupt motives
had the testimony of Mr.. Norton and
other persons connected with the Express,
and 1t was admitted, / believe, that all
the Other officers of the association would
70 tsstify-that they had no malice; still,
II you should find it Co be actually cor
rupt and malicious; snd that the charges
were true, why then the defence would
fail upon that branch Of the case. But if
you lind that there was no actually cor
rupt or malicious motives and the charges
were true. the principle before given
would apply.
certain conditions you may give punitive
damages, that is to say. exemplary
damages by way of punishment If you
find that, this article is libellous and is
4 untrue and was published without
reasonable cause to believe it to be true
| uuu0E Uuo pIlAClpitS WHICH nave stated
to you, and was done corruptly,
maliciously, wilfully. with the wicked
purpose Of injuring this plaintiff, If you
find that then you may, in your discre-
ton, add to the actual damages which
you find for the plaintiff, if any, such
sum by way OF punishment as you think
in your good Judgment should be added.
That is matter in which the jury should
exercise great care and caution and oooo
sense and good Judgment
II you find that this article is libellous
and yet the men is not injured at all and
you give nominal damages, then the
mnttsr OF punitive damages would De out
of the question.
THE VERDICT.
When the jury won't out last night
Judge Strout instructed them If they
agreed, to seal up their verdict and leave
it with the court officer There was
great interest around town last night