The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-07-16
ARE FINED
FOR LIBEL
Hundred Each for Editors
Mullen and Gates.
AN APPEAL WAS TAKEN
The Duty Of a Newspaper to investigate
Closely When Mans Character
is Concerned Was Clearly
Brought Out.
AN APPEAL WAS TAKEN

1.-THE charge Is clearly proven" said
Justice Crutchfield, In the Police Court
yesterday morning. at tho conclusion
Of the hearing in tho Mullen Gates libel
case "and tho only question In my mind
Is tho extent OF punishment. | do no,
want to be too severe, nor do intend to
be too easy"
Then he fined the defendants 800 escr.
from which decision they took an appeal.
and gave bail in the sum OF $500 each
for their appearance In tho HuHilngs
Court at the September sitting or ttle
grand jury.
Mr.. w. II. Mullen had as his bonds
man Mr.. George Guvernator, and Mi.
Sidney Gates surety was Mr. Chasic
Trafieri.
The defendants were represented By
Colonel NJ. l.. Spotswood and Mr. J.. y.
Wcndenburg and the Common "calth's
Attorney represented the Common wealth.
Will, Mr.. a. u. Guigon as counsel for Mr..
Buchanan.
Cause of the Trial.
rho case arose over the publication III
'.rhe Opinion" paper printed In tl'e
interests Of the working people. The
article referred to tended to cast a grave
reflection upon the character OF Mr..
Buchanan, IN stating through an affidavit,
sworn to by ono William Ferris. That
lie was passing himself off in this conf
mun.ty under an assumed name.
This afitGnvit was published By TIC
defendants without any effort having
been made on their part TO iiiyesl'sate
Tile truth OF the statement. 1t WAS con
spicuously displayed and was considered
ry the court to have carried with 1t III
It's publication II degree OF malice
witnesses were introduced by MIR. Bucl-
annn to provo that the publication Wa
entirely without founen'ion. ana iitat
there was not the slightest grounds
of excuse for the defense.
Rev, DR.. Jerc Withcrspoon. an cnilnenl
divine, stated OH the stand that he had
known Mr.. Buchanan from infancy, ai,i
that lie knew his parents before hii''
and shat he had always borne Inc hainn
under which he was now known, &3n
always had Il splendid character ana rcpn-
tation.
THE publication Of the aiidasit WI NJ
confessed by tho defendants. Thc5 us
claimed all thought Of intended injury
and carried no malice. 1t was simp,f
printed, they said as matter or news.
and If a mistake had been made u "as
one that Is likely to occur in any news
paper Office Mt any time.
The thought of harm to Mr. buchanan
was far from the mind OF the defendants.
they declared, and his connection with
the Passenger and Power Company did
not impel them to rush into print with
the affidavit before an Investigation as to
Its truth had been made. They were ~ a
hurry to get to press and did not nhVa
time to Investigate. assuming that their
rights in what is known az privileged
communication" covered the matter
Not Privileged.
Commonwealths Attorney Richardson
industriously worked the case to a'iinish.
lie showed that the publication was not
privileged communication. but n
libel pure and simple, with Its accom-
panyng malice. and that 1t was clearly
intended to injurc Mr.. Buchanan social
~ and professionally.
IF We permit such things TO 80 on
said Mr.. Richardson, flaw and order may
as we'll be laid aside. II a newspaper may
DO permitted to print a libel OH man,
and then be let Off upon the explana-
ton that no harm was intended, we
might as we'll burn up the statute books,
and let lawlessess stalk through the land.
"Newspapers as a rule investigate both
sides Of a question. They seek informa-
ton from all standpoints, And SO they
should, especially where the character
and standing of man is in question.
But when paper, no matter of what
class, prints an article reflectlng upon
character without making an effort 10
learn the truth OF rumor, It Is libel
OF the most malicious character, and
should be punished, Punishment following
such exhibitions OF malace would prevent
possible violence, and 1t is for sucl,
things the laws are designed"
Thought Apology Enough.
Colonel Spotswood, in his remarks for
the defense thought it was clearly shown
by the defendants Themselves that 10
malice was intended, and as for himself.
II man did him wrong, intentional or
otherwise. and he apologized. he would
grasp his hand in u close embrace and
call it square, and any man who called
himself a man would do the same thing
Mr., Guigon objected to such language
and called the attention OF the court to
the remark
Justice CrntchGeld did moi think that
Colonel S;potswood intended to convey the
idea in the manner IN which Mr.. Guigon
took it, but he cautioned the former to
refrain from personalities.
Mr.. Wendenburg argued his case from a
| legal standpoint. and laid great stress
ul,on his point that tho publication Of
| the aN,davit was that OF a privileged
communications.
Justice Crutchhed couldn't see It in
| that light, and the case closed with the
! verdict as mentioned above.
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