The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-05-21
JUSTICE ANDREWS READS
HIS CHARGE TO THE JURY

Justice Andrews delivered the charge
at the opening of the afternoon ses-
sion. He spoke only from notes. The
charge follows:
Your duty Is to follow the law as
laid down by me. IL / am wrong !
may be corrected in another court.
ITO publish falsely any charge which
tends to inJure the reputation of an
other and so expose him to public
shame. derision and disgrace is wrong.
To do SUCH an act is libellous. The
intention Is immaterial. The object Is
immaterial
THE most honest purpose In the
world will not excuse such an act. IL
YOU run over and injure a child In the
street you are liable for damages. Good
intentions do not excuse you. Precisely
the same rule applies In an action for
libel.
Nor does It make any difference that
the person SO charged Is a public OFF,
cial or character. He is not an outlaw
and his acts. but II you state facts
falsely you are liable to damages.
No Question of Privilege.
I'm this case there has been some
talk Of the question OF privilege. In
This case the law as to privilege Is not
material. Put any question OF privi-
leEe eUtlTeIN OUT OF your MINUS. ~,
! say, IL the defendant published charges
concerning another. charges which
tended to injure his reputation and ex-
pose him to disgrace and ridicule. he
has committed an unlawful act.
There is but one defence. That Is
truth. II the charges are true there
Is no libel. You have the right to pub
lish the truth concerning any one. The
truth OF charges Is a complete answer
o., a ,aV,,,lafp, h,,t thu duty NJ thu 40.
PENDANT making the charges Is to prove
that they are true.
I'm n criminal case a man Is pre-
sumed to be innocent until he Is proved
to DO guilty. Precisely the same rule
applies In civil law. Innocence is pre-
sumed. 50 there Is nothing peculiar
in the law Of libel az regards this
matter.
when the court rules that an article
is libeilous per sc. when the our rules
hat an article contains charges that
tend to injure the reputation OF the
plaintiff. all that the plaintiff has to dc
is 10 put the article into evidence and
then rest.
Two r for Defence.
Two courses are open to the de
PENDANT. He may admit that he has
done wrong. lie may admit his pub
lished libel. Then the jury determines
what damage shall be awarded to tn,
plaintiff or the defendant may attempt
to prove the truth OF the charges, ant
II he succeeds he has made a compile I,
case.
III hi chose the latter course he offer.
evidence in classification OF his act
Justification may be offered OF the Who'll,
libel or OF a part OF 1t. A man may b,
charged with being a thief and a muir
derer. The defendant may prove both
charges and the verdict must be In hi,
favor, or he may prove that the plaintiff
Is a murderer and in that case no dam
ages may be awarded.
AS l have said. the burden Of proof
so far as justification is concerned. /,
on the defendant. He Is bound e
satisfy you by a fair p~reponderance o'
the evidence. ! do not mean necessarily
the mere number OF witnesses or on,
side or the other. but that when ypl
have considered the testimony Their,
must b. some excess. 1t need not b,
much. OF credible testimony in favor o
the contention OF the party on whom
the burden rests.
When the defendant falls TO prov,
the truth OF one or more charges tn
plaintiff Is entitled to tho actual dam
ages he has sustained. When the de
PENDANT has not justified a libel. wher
some damages must be awarded, whel
the jury Ia satisfied that the libel wa
published with actual malice and with
reckless and wanton disregard OF tn,
plaintiffs rights. the Jury may assess
punitive damages. damages In the natur,
Of a fne. to prevent a repetition OF tn,
offence, to punish the defendant for tn,
wrong he has done.
THE Jury may consider the question