New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-04
"THE EVENING POSTr BEATEN
DAMAGES AGAINST 1T IN LIBEL SUIT.
JUDGE WALLACE SCORES THE PAPER AND sAiS
THAT IT'S OFFER TO PUBLISH A LETTER
FROM voIGHT WAS IN NO SENSE
RETRACr1oN OF THE DEFAMA-
TORY ARTICLE.

TORY ARTICLE.
Some time ago Albert Voight. a Chicago lisui
ance agent obtained a judgment for S,lv' IN Iou"i
numbers In a libel suit against the Evening io',
Publishing Company. of this city. Inc "''s
libel was published in The Evening Post, anu Ill
substance declared that Weight was disin'sseu %
agent at Chcago OF the American Casualty IN
surance and Security Company, after the cohpa"y
had obtained a Judgment against him for $"S'o loi
premiums collected and unaccounted for and iurt"ei
that the company could have prosecuted loi ~
had 1t chosen to do The defence aHegeu ',
the statements In the article were true as rekdiueu
the American Steam Boiler Insurance Company
and that an offer had been made TO Noight 10 pun
lish any proper statement In The Post upon 'i0
subject OF the charges.
The Evening Post Company. after the Judsmeh.
had been Obtained by Voight secured WITT Oh
error in the United States Circuit Court OF Appeals
which argued at length. and upon when 1uuse
Wallace has just handed down decision ai''"''"t
the judgment.
In his decision Judge Wallace says there was no
evidence upon he trial that the plaintiff had id''ed
to account to any company for any sums co''eo'eu
by him. that judgment for such clam" ''"'
ever been rendered against him. or that any com
pany had asserted that he had been dishOhes''
or that he had been dismissed because OF any OF
these things. II II was conceded that th"ie ""'
been some inadmlsslble evidence it's reception was
harmless. the actual facts were iuIy tsdo''s'vr
by competent testimony .
The oner 10 PUBLISH an Interview win OF .s.,s'
from NOighi. the opinion recites. was IN 10 sr'SN
a retracon OF the libel. and proceeded upon
grave misconception o; the duty incumbent upon
newspaper which has lent the sanction " IL. name
d deiamaiory article TO give equal sanction 10 the
re;ract.on. From the correspondence between lHv
persons. IL appears that the offer OF Ine iost
opinion says substance made ui1ccI tHs
stress OF impending suit FOR damages, ana l"h'
The Post" s;!ll contumacous. the opinion says
after ample opportunity had been orerei IL -
repair degree the wrong Il haI zone ~
Nolght.
The language OF Chief Justice Nelson ls quoted as
follows: "A lDeous publication may be inad-
vcrtent.y admitted into the columns OF news
paper and the EDITOR chargea6le only with mistake
OF indifference the truth but II. when advised OF
error lac hesithies 10 correct il the case rises
10 one o prcincitatrd wrong. Of settled ana De-
termined malign.iy toward the party injured when
should be dealt with acc'rtingly. There 10 longer
room for any Indulgence toward the act. ana me
party becomes nt object IOr exemplary punish
I ment All The charities Of the law give Way III
such a prostitution u the public press
The only question FOR the jury. Judge Wallace
said. was the amount of damages. The published
article plainly NbellOus. says the Julse. lAe
lc.amatory article Was from sources hostile -
Noi-ht. and known To- be 50. the opinion says, by
the reporter OF The Post" who prepared H. though
he NI5 not actuatri by any personal malice toy var
Noght. Aleq .nvcstgaton a. TO the iiuth oi
The lbe!lous matter was not made
We ma error ia the rulings At the fllal, ana
conclude that tho Judgment should be affirmed,
says the opinion N CONCLUSION.