The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-10-19
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tendency to expose him to public |
hatred, contempt or ridicule? do not !
see how you can avoid the conclusion |
that this article is libelous and that it |
tends to blacken the reputation of the |
prosecutor and to expose him to public |
hatred and contempt.
An examination and analysis of the |
article will satisfy you on this point. |
1t charges him with betraying the |
political party to which he belongs; 1t |
accuses him of debauching politics in |
the county; it says of the prosecutor
that he is this thing who is literally
stepped in political corruption and
blacklist Hypocrisy" it charges him
with cowardice and that when fighting
was going on he was absent in a cellar
or somewhere else; and it accuses him
of strutting around as an old soldier.
although he never fought in the war,
thereby in effect accusing the prose-
cutor of a false pretence.
No jury can avoid the conclusion
that to proclaim man coward,
hypocrite a debauCher of politics, and
a false pretender tends to expose the
man to public contempt and hatred.
After arriving at the conclusion that
the article is libelous, the law then
steps in and says that legal malice is
presumed and it is for the person ac-
cused of writing or publishing the libel
to rebut this presumption by proper
evidence. If he fails to do this he is
guilty, although no actual ill-will
against the prosecutor appears in the
case / have already stated to you
what legal malice is. 1t is the doing
of an act without sufficient cause,
wrongfully and Wilfully or recklessly
Every person is presumed to intend
the natural consequences of his act.
man may be guilty of publishing libel
| IA VL.,,t l,A haa
| stranger to him and although actual
| ill-will and anger do not and cannot
| exist.
COMMONWEALTH'S CLAIM.
In the present case the common
! wealth claims that not only is there
| legal malice, but that the evidence dis
| closes actual malice upon the part of
| the defendants against the prosecutor,
| especially on the part of the defendant
| Little. You have a right to consider
| the question of actual malice, although
it is not necessary for the common
| wealth to establish the existence OF
! actual malice in order to secure a con-
| viction of at least one of the defend
| ants in this case.
| 1t is claimed that the article referred
| to could not emanate from any source
than a mind instigatcd by actual mall
ice and ill-will. On this question you
1
itself. it's apparent purpose, its tone
| and spirit the occasion of its puDlica-
| ton and it's subject matter. / am dis
| cussing the editorial article now, What
is the apparent purpose of the article?
| The heading is cripple and the Trib-
| une."
You may find from the article that
the moving cause originated in connec-
ton with the Tribune and that the in
| tention was to attack the Tribune,
| bringing in the name of Ripple Incl
| dentally Was it necessary to bring in
the name of the prosecutor and discuss
his personality if the purpose was to
| attack another newspaper of which
| the prosecutor was a stOckhOlder or
| director? This is for you to consider.
Look again at the tone and spirit of
| the article. Is it fair, is it decent and
| apparently clothed with an honest pur-
| pose or is it, as the commonwealth
| says, ,villifying, ,Vituperative and breath
ing with actual malice? 1t is a ques-
tiOn for you to answer. In this ques-
ton of actual malice you have right
to consider the subject matter of the
article. Does il contain facts or acCu-
sations only? Was it published for the
purpose of enlightening the public or
for the purpose of gratifying spite and
ill-will? Evidence has been received
showing subsequent publications by
cerning the prosecutor.
ABOUT ACTUAL MALICE.
This evidence bears on the point Of
actual malice, the principle being that
if one person publishes today libel Of
another and follows it up tomorrow
with subsequent attacks the inference
might be drawn that the publisher was
actuated by malice. You have right
gentlemen of the jury, to consider all
! these questions in determining the
| question of actual malice. If you find
that such malice exists in this case, it
makes the case of the commonwealth
so much the stronger.
| I will now call your attention to the
defense made in relation 10 the edl-
torial article.
Mr. Little went upon the stand and
stated to you in substance, that he
published the article for an honest pur-
pose and from an honest motive, that
| IL was done for the benefit of the pub
lie and with the intention of purifying
politics in this county. We allowed
him to state the sources of the lnfor-
nation upon which he based the accu-
sations contained in the article and we
opened the door quite wide by admit
ting the testimony of several witnesses
| who declared that they informed the
defendant of the fact that the prose-
cutor had expended money improperly
for political purposes,
This evidence was admitted for the
purpose of rebutting the legal pre-
sumption of malice, as well as the eX-
| istence of actual malice | have already
said to you that newspaper publisher
must exercise reasonable care and pru-
dence in publishing articles rejecting
upon the character of the individual
citizen. If through carelessness and the