BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1901-12-13
SAN JUAN, DECEMBER 13
Editorial Comment.

The yellow campaign now beiIg carried
on by one Of the papers of this city against
an admitted mob leader and peace disturber
brings to mind the severe rebuke admins
tered to the same species OF journalism In
England by the British courts during the
trail of an important cause before the Brls,
tol assises in March. The judges in the
plaiuest language decided that an editor
may try criminal case in his paper only
at the risk of himself being convicted OF a
misdemeanor. The Lord Cbief Justice has
lust sustained the lower Courts at on 10 tie
matter. The case was that Of Charles >.
Tibbets publisher and editor of the Weekly
Dispatch Of Bristol and CHARLES Windust a
reporter.
At the Bristol assizes last March, the
principal criminal case was the trial of two
men, named Airport and Chapel, who
were accused of having caused by cruelty
the death of child, Arthur BERTHE Airport.
As result of the trial Airport was senten
ced to fifteen years. hard labor, and Chap
pei to five years. At the conclusion OF the
trial, justice Day, the presiding judge OF
the assixes, Immediately procured the In.
dictment on sixteen counts OF Tlbbets and
" indust for conspiracy to interfere With
the course of justice and to influence the
magistrate and jury against the accused and
subsequently convicted the men They
were tried and found guilty at the asszes
last summer, but sentence was suspended
to allow an appeal to be made to the higher
court.
1t seems that Immediately after the
arrest of Airport and Chapel, the ''Week.y
Dispatch" copying we'll known yelloS nae
thOds, started cut to prove their guilt. The
campaign undertaken by the editor, Tlbbets,
and his especial investigator" continued
through the hearing before tho magistrate
and during and after the trial. Mr.. VIM
dust seems to have been most successful
sleuth. He feIreted oIt the past history ci
the accused men, and this WAS published
with all the compiacency of an experienced
yellow journal. The Lord Chief Justice
saws in his decision: s'It is sufficient to say
that the publications went far beyond any
fair and "bona- fide" report of the proceed
ings before the magistrate. They consaized,
couched in horid and sensational form, a
number Of statements highly detrimental
to Airport and Chapel. Much of the
statements relate to matters of which evld-
ence could not have been admissible agains
them in any event and purporled to be the
result Of Investigations made by the special
crime investigator of the newspaper"
On the point made by the defense that
the defendants were not guilty inasmuch as
Airport and Chapel were convicted of the
offense charged, thereby justifying tie
articles, the decision says:
This is an argument which We need scarce
" say reduces the position almost to an
absurdity, and, indeed, its chief foundation
would appear to be a confusion between
the course of justice and the result arrived
at. / will add only this /: A person accused
of crime in this country can properly be
convicted in court of justice only upon
evidence which is legally admissible and
which is adduced at his trial in legal form
and shape. Assume the accused to be really
guilty Of the offense charged against him.
The due coarse of law and justice is peryert-
ed and obstructed nevertheless if those who
have to try him are induced to approach the
question of his guilt or innocence With minds
into which prejudice has been instllled by
publilhed assertions of bis guilt or imputa-
tions against his life and character 10 which
the laws OF the land refuse admlssibillty as
evidence.
Comments Of the Euglisb press in general
testify to its approval of the decision. 1t
puts an end to one of the most dangerous
forms OF modern journalism, the trial of
criminal cases out Of court and the convic-
lion Of the accused long before the jury has
passed on the case. We have had bere in
San Juan recently notable example of |
,uch methods, made all the mora fragrant By |
reason Of ulterior motines. There is wide
difference between the legitimate reporting
" criminal case and the exploitation If |
'eporters' theories concerning the same,
md it would be good thing for the cause
II justice ii our courts here In Porto Rico
made rulings similar to those which now
lold in England.
The fighting be.ween Colombian factions
n the line Of the Isthmian railway some.
THAT complicates the duties Of our Goyern-
nent. We are bound by treaty to keepl
open between Colon and Pa |
lama. This is at present done by three
of United States marines. sta
ioned, respectively, at Colon, Panama, and
midway betsceen. The situation is tickIlsh
ust to this extent, that the attempt of our
roops to prevent lighting on or near the line
1 the Psnama Railway might result In
ollision with either Government forces or
be revolutionists. But the danger Of trcub.
B with tie Governments troops is slight.
or our marines have been landed with its
all assent. Captain Perry apparently feelsl
hat the bombardment Of any toion On the