Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-03-17

sndt uosS ~. Heun Incense. the fitness
| OF public officers, their capacity their
doings Officially, all their official acts are
matters In which the public have an In
terest, and they are entitled to know
whether their servants occupying official
| positions are discharging their duties
| faithfully. promptly. rightly or not, and
the press, or an Individual having knowl-
edge that they, are not conducting prop
eriy, having knowledge of any facts
which show that the officer Is derelict in
his duty and false In his. duties to the
public, has a right to publish 1t as fact
Now It Is not. always. possible to know
the absolute fact, and II a newspaper
We're always obliged to be sure about
their facts before they, commented or
| criticised public officer, the public
might fail to get information which they
| ought to know. So that If a newspaper
| publisher. or their correspondent or re-
! porter. as in this case. had information
of derelection of duty on the part of an
official, and 1t comes from a reliable
source. and he makes proper efforts to
see whether it is true or false, and the
| evidence is such that fair minded man
seeking the truth would be justified in
believing 1t to be true. and then in that
| position If he publishes it with an honest
intention sof giving reliable information
to the people, which they are entitled to
have although ultimately ii is shown not
TO be true he is protected. But he must
| rot publish mere rumor haphaZard not
coming from any responsible source and
send it broadcast to the injury of the Of
fetal. Private character is to be re-
! spected. Public character is to be re-
| spected. Official character is to be re-
| spccted and charges derogatory to a man
in an official position are not to be made
| haphazard without coming from some
+, apparently responsible and reliable
source. Why. Mr.. Foreman, if some man
known to you to be high toned respon-
sible levei-headed man of excellent char
acter should tell you that he knew some
| officer had committed an offence. you
would believe it and be justified in belev-
ing it. and you would be justified in re-
peating it to somebody else for nforma-
fishing, it in newspaper. But if some
miserable fellow. without any character,
unreliabie, should tell you the same thing.
that and publishing it to the detriment
of an official person. In other words, in
order to afford the protection under this
must be apparently reliable. 1t must be
such as the party does in fact believe.
and as Il reasonable. cautious man would
| believe. Otherwise the justification fails
Now upon this branch of the case II is
incumbent upon the defendants to salts
ly you that they or their reporter. Mr..
| McCone, had such information as justi-
fled a belief in the truth of it. and that
he did believe it. was not negligent in
regard to the matter. and that he. for an
honest purpose and not malicious. pub
lished ii for the information of the pub
lie as matters which he thought ought to
be brought to the attention of the citi
zens.
Now what evidence was there of the
truth of the statement which McCone
| had? He says that Nelson told him the
story. and he gives the interview. What
did McCone know of Nelson at that time?
His interview was on the Sd of Novem-
Der. If you will look at the article of
| the 18th of October said to have been
| written by McCone, and see the descrip-
ton he gives there of Nelson add of his
| charact or not he did. not
| describe him as q notorious criminal and
desperate. Look and see and then Judge
| how much of Nelson's history and char
acter McCone had and knew ut the time
I .,-,. \, L.; u
Nelson at Thai lime was is''i in iail upoa a
criminal charge
| Now those charges are denied nv Nc
Nally, absolutely and cmphaticaIiy. and
On Oct roth he wrote n Letter, which YOU
win have with YOU, to The attendants.
| which barieva II il stated they turned
| over 70 NcCone. i'm which he in ardent
ana strong terms denied the truth of the
| charges which had been made This was
StcS.one e'i to have taken Nelson's wora in
| snnnort Of - criminaI charge If the mag
nitp,lde Of hriberv Of q nnh,ic otiicer TO
| lei a prisoner so. such a man as Nelson
| nndar tbe Observation-Disclosures Did no have
| IN, a,.;denca Of tbat * rharge nf br,h
ary excent Nelson's Statement Refer
| anca yvas ,oada tn the aseocia+ad mess
| disnatch in some paper of Nov IA /
| think in the JournaI but that despatch
vnii viii have with Won. If Won look AT il
You viii see that it only purported to give
| Nelson's story. So Won will Judge wheth-
or NcC,one had nnvfhing to REV upon for
- ~ ,r,,th % M statsn,ept axcent the
| statennnt Of Nelson Did NcCone he
Iieve that statement himself? He has
| hnen asked tnat onestion mnon the stand
! and whom Grst asked did he answer di-
| rectIN13 Won will recolIect his answer
EDid he saw he dida or tlia he saw: had
| I not a risht to hclieva II or somethine.
of that ,i5d3 And did he get m TO saw
| mo tbat he believed II whom askad Two
or or tbrea times or more And then yo,i
,nust remember the terms in which he
| ansvered I think he said. II inst he
| liav@d il Won will remember what the
test;monv yae
Nov If is vital IA this mart of tho de-
fence in tbe first Mace that McC'one
: ! sho1,1d have beIieveJ tha sfatarant he
core he unfinished If II is also vital TINT
| no. shouId have had such informatiop as
instified him in believinu it. Now this
infornation came from that man Nelson.
| Vou have heard and seen n good deal
| and vo1 can i,idpe from the articles hoy,
| n,1cb McCnne Knew ahoIIt Nelson +
/ Thai time whether he was reliable or
| NOT If is denied nv McNally Has the
Statement Voii viii of course recollert
, fine testimony of McNallv and created n
| with sufficient character and responsi-
| tionp n there is any testimonv hearing
| upon this branch of the case as tending
10 show reasonahIe cause 10 believe This
| statauent Won will of course rncn,Inct
: | md nnniv If If may have ascaped my
. mind. You are to saw as practical sem