The daily journal. (Salem, Or.) 1899-1903, 1903-02-19
NEW YORK
WORLD
SUIT
Newspaper Wins a Libel
Suit
Verdict On Same Grounds as
Rendered at Salem

port Of an answer filed by the defend
ant in a divorce case, It is coming to
light that this is the almost universal
custom, not only in Oregon, but in all
states, and that wherever suits have
been brought against papers for this
they have almost invariably been sus-
tanned by the courts, except where
there was malice shown on the part
of the paper or its publishers. 1t will
be interesting to note in this connec-
tion a report of a similar damage suit
against the New York World for $780,
900 damages, in which case the at
toneys of the paper made just such a
defence as the journals attorney
made, and the jury gave the plaintiff
a verdict for SIX CENTS. The paper
did not attempt TO justify its action
in the matter of the publication, but
left that matter to the good sense Of
the jury as patriotic citizens, The
ablest counsel in the country was en-
ployed on both sides and while the
paper did not deny the publication Of
the matter complained Of nor attempt
to Justify its course by undertaking TO
prove the truthfulness Of the allega-
tions, but simply plead that it was
the duty of public newspaper to
give the news of what was being done
in the courts, and that II was in the
interest OF the public good to have
such matters given publicity It was
sustained by the jury.
Il is a mater Of pride with the
Journal publishers that it's attorneys
pursued this same plan OF defence,
and it is certainly a compliment 70
the jury in this case to note that they
as citizens toolS'the same view OF the
matter.
The underlying foundation of the
whole matter is. that these papers
filed I'm the courts are placed there for
the purpose of giving the public per
petual records of what is being done
in the judicial department, and these
become a part Of the archives OF the
state or county. just as much as dc
the deeds OF record These records
are for the benefit OF the public as
well as for the protection of the par.
ties and It is the function OF a news.
paper 10 give the people this informa.
tion. The people cannot all go 70
the trials of cases. nor to the court
house TO look up the archives, hence
they take the newspapers 10 find out
what is going on.
Anyone who will read the following
report from "Newspaperdom" or who
read the report OF the Journal case
will find that this is the real intent
and purpose OF these matters. OF
course ii would be wrong and crimin.
al to publish these matters malicious.
ly and with intent TO injure any of the
parties, or wound the feelings of their
families, but where II is published
solely as news and for public informa.
tion and without comment, there can
be no damages collected against the
publisher.
The attorneys for the Journal did
not enter a plea for the liberty Of the
press in connection with this suit, but
rested the case on general justice and
sense and against the legal
technicallties and the instructions Of
the court under the law, they brought
a verdict for nominal damages only.
We print herewith the article re-
ferred TO:
"A new view OF newspaper libel was
taken by a jury that heard suit
brought against the New York World
by one Frederick Williamson. who
sued the paper for $50, 900 damages.
As expressed by the verdict the view
Is that a newspaper is a natural out
growth Of modern conditions and rs
simply a reflection Of the life Of the
that supports il, neither
better nor worse than the community
and that, although the World. was
and legally guilty Of libel
il should not be held financially re-
sponsible and be made to suffer for a
slight error. made without malice, In
the honest effort 20 give the news
that the public demands.
That Is the first time a jury In
libel case has ever accept
Cd such a defense as being by Itself
sufficient Justification for libel pubh'
cations. The verdict recognizes as a
.act that newspapers are not forced
IN the public. but are printed and
circulated because the public de-
nands them. and that newspapers 10
satisfying this public demand must be
made up Of news gathered hastily
rom ali parts Of the globe. edited and
published In a rush and circulated
before there Is time 20 verify beyond
! doubt every item of news; Ia this
,aate making itself liable 10 occa-