The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-02-22
OPINION RENDERED
IN THE LITTLE CASE
HAS BEEN RECEIVED BY PRO.
THoNoTARY STEVENS.
He Yesterday Certified It to the
Clerk of the Courts-Full Text of
the Opinion Which Was Written
~ Judge Beaver and Concurred in
ny the Other Members of the
Court-Made an Extensive Review
of the Evidence in the Case as to
Privileged Communications.


S. s. Stevens. prothonotary of the
tiperior court, las received from Will
imsport the opinion in the case OF
ne commonwealth against Richard
Little. convicted of libelling Colonel T..
II. Ripple. Mr.. Stevens has certified it
TO the clerk of the courts.
The full text of Judge Beavers opin-
ion, which was concurred in by the
other members of the court is as fol-
lows:
The appellant, who was indicted with a
co~defcndant for libel. i'm the court be =
low. was convicted upon an Indictment
which Is printed in the paper book of the
appellee. charging "a libel based upon two
newspaper articles, the one editorial
written by himself end the other IL com.
fnunication which he received and di.
rected to be published. Each of these
newspaper articles Is easily and natur-
ally divisible into two distinct parts The
defendant himself, In his cross-eXamira.
,tion, seems to admit this and his aimis-
sion would seem to relieve us of the ap-
parent diffic,rlties which are presented
by the assignments of error. We quote
from the defendants cross examination
as follows:
20. Did you print for the benefit of the
puoiic anu ioT tIc puTpCSe OI purifying
the politics of this community these
words, among others: Colonel Ripple,
the man who struts around as an old
soldier. although he never fought in the
Wharf.-The man who was captain OF the
firing squad that shot down the strikers
on Lackawanna avenue twenty-five years
ago but was absent in cellar or some
where else when the fighting was in
progress-Colonel Ripple. the man who.
as Connellisms chief director, has done
more to debauch politics in this county
than anyone else ard the man who, in
spite of the fact that he holds Office as n
Republican, has done all that lay i'm his
power to defeat the party he benefits by
this man. who II literally steeped in
political corruption and blackest hypoc-
iisy, has We understand. given orders
to the editor of the Scranton Tribune
that he is to fight us to the bitter end%
A. The part referrirg-
SPLITS ITSELF NATURALLY.
20. Answer my question. A. 1 cant
answer 1t as whole. 1t splits itself nat
urally in two parts
20. Well, answer 1t you own way,
then. A. The part referring to the poll
ties yes, and the introduction as a de-
scription Of the man as l understand he
existed.
20. The part referring to the politics
scribes the man. as 1 understood 1t.
20. You describe him as you under
stood him: a. Yes. sir.
20. Did you print those words for the
purpose of purify ing the politics of the
community? You say the part referring
10 the politics. yes, but the other part,
10? a. Well you can put 1t that way"
Admitting all that is claimed by the de-
fendant's counsel as to :he privileged
'haracter of the communications con-
aimed In the indictment under the sew.
nth section of the first article of the con-
titution which provides that mo con-
ictiOn shall be had IN any prosecution
:Or the publication of papers relating to
he official conduct of officers or men in
,ublic capacity or to any other matter
roper for public investigation or infor-
nation, where the fact that such publi-
alton was not maliciously or neglgcntly
made shall be established to the salts
faction of the jury" and that the por-
tions OF these articles which zeal with
facts may be privileged. 1t is impossible
TO see how the parts which the defenG-
ant says are descriptive of the man ran
be other than libelous.
Giving the largest possible latitude to
the defendants contention and admitting
that. because the prosecutor was post
master of the city of Scranton and there
was mt the time of the publication OF the
and under consideration by the people a
change in the me thod of conducting their
primary elections and that the prosecu-
tor was prominent in political circles III
the community and that, therefore, ev-
erything relating to his political methods
III times past was the proper subject of
discussion and comment. that the
public might he advised of mis- character
as Il noliticai leader and admitting thai
the articles alleged to he libellous Were
made unpn Il proper occasion, from 4
proper motive and based upon reasNnab'.
or probable cause. it ear scarcely be IA.
legged and has not been claimed that thov
were made in Il proper manner; but eySn
in a civil ease, as was held in Conroy vs..
The Times. l39 Pa. 33i, "If the manner be
improper. the privilege Is lost
MOTIVE is PLAIN.
II is not necessary to characterize the
manner in which whatever OF fact con-
tanned in both the editorial and the
communication referred to is conveyed
10 the public. The most Casual observer
will be mpres scd With the motive of
these publications And the defendant
himself observed in tine cross -eXamina-
tion heretofor, quoted 'Thcy split
themselves naturally into two ports"
the one part of fact and the other of cX-
uberant fancy or rather vituperatiop.
The public teacher, who. in the effort to
reform abuses existing in the community,
attempts to give to the public the
facts in relation to tie life, character or
conduct OF public men must do 50 in Il
manner betitting the purpose which he
has in mind and the object to be OBJ
taned.
II may he admitted that the public
journalist Of today can have no more
lofty purpose and perform no higher
duty to toe public than to point out in n
manner betting the dignity of the high
purpose Thch he has in view the polit-
ical corruptions of the day and the men
who practice them; but when such a
task Is undertaken, ii is to be performed
In such II manner as to bring the teacher
clearly within the privilege guaranteed
to him under the constitution.
There has been and can be no pretcnse
that either of the Communications. upon