The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-02-15
clouly published the article set out in

ciouly published the article set out In
the warrant, and thnt said article
charges or insinuntes that the decision
of Police John j. Crutchneld, in the
Sophie Malloy or Maggie Lee case, was
Improperly Influenced by Police Com
missioner G. Manning, Jr., or Police
Commissioner w. Douglas Gordon, or
Justice wa. actunted in his decision
By any motive other than desire to
impnrtinlly administer Justice, ana that
said charges are false, then the nc
cuscd is guilty. as charged.
The proprietor of newspaper 90, or
as liable for what he publishes as any
other person, and he is liable in the
same manner and to the same extent.
The law takes no coSnizance OF news
papers or periodicals.: and there Is no
distinction between the publication by
the proprietor thereof and publica-
tion by any other person. Such pub
fishers have Just the same right that
the rest OF the community have and
no more.
dence that the accused published the
article as charged In the warrant,
malice being necessary ingredient OF
the offense, then the words used by the
accused are to be construed by the
Jury as the accused intended the pub
lie to construe them. They are not
concluded by his testimony, but IN
connection herewith have the right
to consider the usual and ordinary I'M
port of such words, the connection IN
lions of accused shedding light there
on, and all the facts and circumstances
of the case, and determine from the
evidence as a whole. the construction
which the accused intended the pub
lie to make.
Liberty Not License.
Under our free institutions and &C
of our State. and the principles and
practice which we have inherited, the
administration of our municipal ar
fairs and the official acts OF public
officers, and the trials mad IN our
courts. are matters OF public concern.
Any citizen has the right freely, fully.
Openly and publicly. in print or other
wise. to d.scuss the same. All pub.
lications therefore in regard to these
matters. even though imputing moral
delinuuency and crime to public OFF,
GERS in the discharge Of their duties
are to be treated as IL made on a
privileged occasion, and the court M
structs the jury that the publication
Of The article in the warrant set forth
must be treated as if published on a
privileged OCCASION.
But the court further instructs the
fury that liberty is not license, and
| that it has never been the policy OF
/, our law to permit the inestimable priv
ilege of free speech ana pubic discus
sion to be perverted into an engine
! OF malice or of unbridled scurrility
i such privilege is only qualified and
! conditions: it is to be used honestly
and in good faith for the furtherance
Of worthy purposes, but II mace y
/ cloak for malice, then the privilege i
forfeited.
The only difference between a pub
lication made on a privileged occasion
and one on an occasion not privileged
is tho degree of proof OF malice re-
quired. Where the publication is made
on an occasion not privileged, then
the law implies malice from the pub
lication of the libelous matter. itself,
hui when made on a privileged occa-
sion the law makes no such implica-
ton, and proof of actual malice is re-
uuired. IT. therefore, the accused ma
llciously published the article IN ques-
ton and the same was libelous under
the other Instructions, he Is none tho
less guilty. even though the occasion
is considered privileged in law.
Criticixing officials.
Z. The court instructs the Jury that
| the conduct of public officials is open
TO public criticism, and 1t is for the
| interest OF society that their acts may
| be fully published, with fitting. Ncom-
ments or structures, and that whoever
| iiils "A public office renders himself
omen to public discussion, and If amy
OF his acts are wrong he must accept
the attack as a necessary, though un-
his position. lhe public of Richmond
have II right to know how their pub
| lie affairs are being conducted and
now the duties of their officers are
being performed. and 1t is one of the
nriviieges Of the newspapers to give
this information. and II tha supposed
| libelous articla Gtas cirs,natad far tha