The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-12-24
M'DERM0qq bits BACK.
Lawyer Corbin's Innuendos
Against Sheriff Heller
Fiercely Rebuked.
RIGHTS OF PUBLISHERS ANALYzED
Their Employees Reports Not Con-
tidential-Presen!ment to
Judge Lippincott.
RIGHTS OF PUBLISHERS ANALYzED

The Grand Jury, headed by Foreman
Allan L. McDermott, came into the Oyer
and Terminer Court this morning and
handed up batch of indictments and a
presentment. 1t is understood that the
indictment against ex-Assistant Prose
cutor Noonan and Lawyer Simpson was
included in the batch. The presentment
is a scathing arraignment of Lawyer
William H. Corbin for some remarks he
made during the contempt proceedings
against Editor Elbert Rappleye last
Tuesday. Lawyer Corbin presented a
supposititious case and spoke of a
Sheriff having suit against newspaper
and making his private counsel foreman
of the Grand Jury and drawing his busi-
ness partner on the same Grand jury
The presentment speaks for itself
To the Hudson Oyer and Terminer:-
The foreman of this Grand Jury pre-
SentS that, in the matter OF the appllca-
.tion to enforce the answering of certain
questions asked of Mr.. Rappleye, the ar
gument presented to this Court, on Tues
day, the 21st instant, by counsel for Mr..
Rappleye, was studied attempt to mis-
lead the Court, and furnish grounds for
a publication intended to mislead the pub
lie. In its report, printed on the day OF
the delivery of the argument, the Even
ing Journal published the following
was a State so benighted- and SO far be-
hind the age that it would be possible
for one man to draw Grand Jury in
which the foreman should be his personal
counsel, and that number 2 on the jury
should be his business partner, and that
there should be published within his ju-
riSdiction prominent newspaper against
which he had a $4,000 libel suit, and that
the Grand Jury should have the right to
demand the private papers OF that de-
fendant, for the purpose OF securing evil
dence to be used in the prosecution Of
that libel suit, there would be no safety
for those against whom the libel suit was
to be brought, and such condition OF
affairs would be monstrous.
Justice Lippincott-"But those facts do
not exist here
Mr.. Corbin-"But they do exist here,
The report of the proceedings is sub
stantially correct. In It's statement of the
scope of the examination of Mr.. Rap
pleye, the utterance. of counsel was unjus-
titled The witness was asked to produce
the written statements which he said had
been made to him by two reporters, which
statements, he said were used in the COM
position of an article published in the
Evening Journal on the 11th instant.
The witness had testified that he wrote
the article and that his knowledge of as
serted facts was obtained from those COM
munications He was informed that the
request was limited to the statements
was not asked to produce any other pa
pers of reveal anything concerning any
other matter. That statements made to
publication, are in any sense privileged
communications is proposition that can
not and should not. be supported If those
statements are spoken they may be testi-
fled to in an action for slander. If they
are written, they are, libel being alleged,
subject to inspection by the Grand Jury.
A contrary holding would lead to the in
tolerable condition that an irresponsible
or reckless publisher might shield the au-
thor of a libel. That the press should not
which, if true may be properly published,
is clear but the day has not arrived when
a written communication to a publisher
giving information for publication, can be
did not ask, directly or indirectly, for any
writings not made the basis Of the pub
lication which this Court directed the jury
to investigate in all its aspects. It has
the right, however, to do so, and if 1t
chooses to exercise that right it will ex-
pect the aid of the Court. Whenever
the doctrine is laid down that a written
communication to publisher, intended
for publication or made the basis of a
publication is privileged, the sacred circle
of, journalism will become a city of
will find perfect protection.
The innuendo that the questions asked
Mr., Rappleye,. or any possible response
have any bearing upon a civil suit pend
ing against the publishers of the Even
ing Journal is without the slightest
IOuHudllOl. IHe sui rGIerreQ TO was
brought before any incident mentioned
in the publication of the 18th instant oc-
Cured. There could not possibly be any
thing in the writings called for that
could have any relevancy to that suit
Counsel for Mr Rappleye knew this fact
Counsel may often err in the warmth of
advocacy, but the evident purpose of the
utterance quoted is SO plain that the fore
man of this jury feels bound to present
his opinion that a more contemplate
falsehood never fell from the lips of a
liar.
ALLAN L. McDERMOTT,
Foreman
The reading of the document caused a
sensation. Mr.. Corbin heard it all, but
made no sign. Justice Lippincott ordered
the presentment filed in the County
Clerks Office
After the jury had retired Justice Lip
pincott said that the Court had given as
much consideration as possible to the con-
tempt proceedings against Mr. Rappleye
but as the matter is of great Importance
the Court had concluded to reserve de-
cision until next Friday.
STRIKERS FOUL WORK.
nU,NJuEyI3 Col Dao d 2QT-vTho Cooks