New-York tribune., 1919-08-15
6-Cent Verdict
Is Given Ford
I'm Libel Case
Continued from page I

Continued from page
times during the day, twice for their
meals, once for an additional instruc-
tion from Judge Tucker and once when
they asked for the alleged libelous
editorial, headed "Ford Is an Affair
chist," on which the suit is based.
The courtroom was crowded while
the court was charging the jury, and
fair crowd remained hour after hour,
hoping to be present when Verdict
was reached. The lawyers engaged in
the case were absent at luncheon and
dinner only. The air was electric with
suppressed excitement, which exhibited
Ntseif in startled concentration on the
jury room door every time there was
the slightest noise in that direction.
Record as Quiet Jury
1t was a quiet jury though. Henry
Kelley, baiiff for thirteen years, said
it was the quietest one he had ever
handled.
Judge Tucker instructed the jury this
morning that 'the right of fair COM
ment" was expected in the case of Mr.
Ford, because his position as a great
employer of labor and entry as prop
ogandist into the discussion of the
preparedness question made him pub
lie character
There were two defences, he con-
tinued. IF the jury finds that charges
IN the editorial were true, that Mr..
Ford was in fact an Anarchist" and
ignorant idealist," it was a complete
defence, he said. The Fright of fair
comment" he said, was,a second de-
fence to be considered only in event
that the first defence was inadequate
In the course of his charge the court
said:
"Thc editorial. as it appeared in the
paper and standing by itself without
explanation, is libellous, or in legal
terms, lbellcus per Sc (of itself.
admits the publication and insists that
it was true, and therefore justified; and
that even if not true it was fair COM
ment upon matter of public interest,
either of which defcnces is sufficient
if proved"
Meaning Left to Jury
Speaking of the term "anarchist,"
Judge Tucker said, in part:
"If the Tribune company took rea-
sonable precautions to get the .ruth as
to the matter from the Ford Motor
Company, and their information came
from an authority Of the Ford COM
pany, they were not to be blamed be-
cause the information they got was not
true On the other hand, if they mis-
quoted, it would indicate fairly malice
toward Ford in the publication Of the
article.
Gas TO the meaning of the term AN
archist,' as used in this editorial, that
is matter for you to consider, and is
one Of the questions you must deter
mine.
"Ordinarily speaking, the term 'anar-
chis.' would be expected to convey to
the mind Of the ordinary reader that
meaning which naturally comes to the
minds of people when they hear the
term spoken of by iself. perhaps the
most commonly accepted meaning of the
term-that Of a murderous, dangerous
person, possibly bomb thrower.
However, you will bear in mind that
the term anarchist has several defni-
tons"
Judge Tucker quoted the following
definition as given by the United
States Supreme Court:
"Anarchist - /. One who advocates
anarchy or the absence of government
IS a political ideal; a believer in an
anarchic theory of society; especially,
an adherent Of the social theory of
Proudhon.
Apostle of Violence
"2. In popular use, one who seeks to
overturn by violence all constituted
forms and institutions of society and
government, all law and order, and all
rights of property, with no purpose of
establishing any other system of order
in the place of that destroyed. especial
ly' such person when actuated by mere
lust of plunder
"3. Any person who promotes disor-
der or excites revolt against an estab-
lshed rule, law or custom.
"One who urges and seeks the over
throw BY force of all governments"
Touching on the statements made by
Mr.. Ford in the course of his pacifist
the court said:
There is no obligation on the part
OF any citizen to agree with anybody
else on any subject on earth, whether
1T is the President, Secretary of State.
or who. Every man has a right to his
own opinions and convictions and the
right to advocate them in any reason
able way, and the only purpose of ex-
amining into Mr.. Ford's has been as
they might picture to you just exactly
what that man is, what his views were
and whether the Characterization Of
MN as an anarchist or as an ignorant
idealist was justifiable.
Same Right as Individual
"On the other hand, a newspaper has
the same right that an individual has
to comment on and criticise matters of
public interest or men in public life or
anything else that may seem to them
acts proper to criticise or comment On
providing they injure nobody. They
have the same right an individual has
no more and no less. No newspaper
has the right to libel anybody for the
sake Of promoting Its own opinions"
The court stated that the question Of
military preparedness was admitted in
testimony only for one purnosa