The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-10-19

purpose. IL carries the NTH from us,
but the Scrantonian carries It to us.
Therefore libel not the sewer"
MIR. O'Brien discussed the provision
of the constitution with reference to
the liberty of the press which specially
provides that while the press is free
those i'm charge are responsible for its
abuse.
If LAW DOES NOT PROTECT.
"1f the right of reputation and repu-
tation itself cannot be protected then
what can we say of the efficacy of the
law. When the press turns from it's
pathway to attack the citizen, when
It becomes a menace to the community,
then we turn to the law and ask 1t to
curb this paper that brings darkness
and filth into the home. When the
press departs from its true mission,
as it did i'm this case, when such hands
as those of Little and O'Toole pen
libels, then we would ask the law to
restrain the men engaged in this un-
holy task. l speak here today for the
public peace Of this community, which
is endangered every time the Scran-
tonian is issued. l speak not only for
the reputation of this man, but for
the reputation of every man in this
community. l ask you to convict these
men of the infamous libel against this
prosecutor and against the peace of
this community"
When Mr.. OBrlen closed, Mr. Smith,
of counsel for the defense, submitted
law point to the court to instruct
the jury that there can be no convic-
Al a HnI
that the paper was circulated. Mr..
Newcomb objected to the offer of the
point on the ground that it had not
been submitted at the proper time.
Judge Edwards said this was true, but
he would not enforce the rule of court
and would consider it with the other
law points. 1t was later on refused.
The last chapter in the trial of this
famous case was the charge of Judge
Edwards to the jury, which followed
Immediately after the presentation IF
Mr.. Smiths law points. The judge
spoke q follows:
CHARGE OF THE COURT.
Gentlemen of the Jury: The indict-
ment in this case charges the defend
ants with publishing of and concern
malicious and defamatory libel. The
articles complained of appear in a
newspaper called the Scrantonian.
They appeared on Sunday, July 30, this
year.
The case is of considerable import
ance for more than one reason. 1t is
important to the defendants because it
may result in the imposition upon them
of a fine or imprisonment, both OF
Ill 90 - NIay tNNt
1t is important to the commonwealth
to secure vindication of the law if it
has been transgressed. 1t also con-
Germs the community at large, because
the principles involved in the trial OF
a case of this character concern the
rights of individuals, the limitations
with which the law surrounds the pub
lie press, and the general peace anC
welfare of society.
1t is the duty OF this jury, as it is
the duty of all iuries, to give the de-
PENDANTS fair and impartial trial
This they are entitled to under tn,
law. You must decide the case accord.
ing to the law and the evidence. Yol
are not TO be influenced in the slight
est degree by passion or prejudices
The law and the evidence are to b,
your sole guides, leading you to a YER
dict. The verdict you shall render
| Will satisfy your own conscience anC
| judgment, and such as will meet tn
| stern requirements Of the facts of tn
| case and the law as applicable to thes'
! facts.
There are some well-known principle
| of law which are invoked for the pro
lection Of the defendants Each of tn
| defendants is presumed to be innocen
until he is proven guilty The burdei
/ I,
| defendants guilty beyond a reasonabl
doubt. In applying the doctrine Of rea
| sonable doubt you must bear in min
| that the commonwealth is not held t
| the certainty of mathematical demon
| StratiOn; she must prove her case be
! yond a reasonable doubt This is sucl
a doubt as creates in the minds of
! jury a substantial, reasonable hesita
tiOn as to the guilt of the defendant
| after careful and conscientious consid
Grafton of all the facts and of the law
The commonwealth need satisfy yol
only to a moral certainty.
PROVINCE OF JURY.
1t is your exclusive province to weigI
and determine the facts in the case
Most of the facts come from the wit
nesses who go upon the stand and tes
tify. In this case you have the i'm
]
complained of. The credibility Of tn
witnesses is for you. You are to judg
of their truthfulness. You have q righ
to consider their manner upon tn
stand, the interest they may have i
the result of the case, their relation:
social or other. to the parties in tn
case, the contradictions if any
their testimony, and the confederation
which you may find in the facts an
| Ri CT a M oh
testimony carefully, consider it fairly
examine the published articles cor
tanned in the indictment from a
standpoints, and follow the dictates {
an enlightened judgment to a final veI
dict regardless of the consequences.
Having made these preliminary oil
servations, 1 will now explain to yo
the law of libel
There are many definitions of libel I
be found in the law books. ! will Civ
you some of them. Sir William Rus
sell defines libel to be "A maliCiOu
| defamation of the character of anoth,
expressed in printing or writing, or b
signs or pictures, tending to hlaCke
the reputation of person, and thereh
to expose him to public hatred, COZ
tempt or ridicule." Another detlnitiO
/ take from an opinion of the Supren
court of the United States. 1t is {
follows: Every publication whic
either by writing, printing or picture
charges or imputes to any person thi
which renders him liable to punisl
ment or which is calculated to NAL
him Infamous or odious or ridiculou
is prima facie a libel and impliC
malice" Justice Story defines libel
be ANY publication the tendency
which is to degrade or injure anoth,
person, to bring him into contemp
! ridicule or hatred which accuses hi
of a crime punishable by law, or Of a
act odious and disgraceful to societ
is a libel"