Show THE VERDICT AGAINST THE HERALD tux tax verdict in the libel suit of lowe ve the herald publishing company occasioned a good deal of surprise in the community com manity there is good ground lor for astonishment at the finding of the jury which awarded to the plaintiff in expressing this view we intend no reflection upon the jury but believing the amount of damages allowed to te be excessive we question their judgment in eases cases of this nature a good deal of analytical discretion is required on the part of those these who sit in judgment we are not disposed to contend that in the instance in point the plaintiff suffered no ELO wrong what hat we do hold is 18 that in our opinion it was not so extensive as to warrant a verdict of the character of the one rendered this view is in based upon an estimate of the evidence presented the court in its charge held that the law presumes malice in cases of libel it is a recognized principle of law however that resumption presumption of any kind is susceptible cep tible tible of mitigation or obliteration by evidence it appeared in this case that after the publication publication of the alleged libel the defendant efen dant made an effort to repair by the appearance in the journal of the statement of the other side ide to say the least this act of it self elf served to mitigate it if not destroy the presumption of malice in the premises those who perused the published evidence adduced in the suit could scarcely do otherwise than conclude that its preponderance was in favor of the theory that the reputation for morality of the plaintiff plaintiff was not altogether sound this his is a matter that must most be left to those who attentively read the testimony without prejudice it this be correct theD the damage that could possibly be done to a reputation already impaired by the publication of a libelous statement is light compared to the effect upon the repute 0 a peron son of well known and established po popular ular respectability ff if an apple is sound it is marketable it a slice be out cut from frem it its value in that respect reaped is destroyed it if decay kas has set in it is already p practically un sa leable and the damage accruing from its diminution by a acutis cut is comparatively ively small A vital question is involved in suits of the kind under consideration on the one hand band indiscriminate and groundless assaults upon personal character the one in question did not appear to be of that nature should be discouraged and punished indulgence by the press in that direction is usurious injurious it is not journalistic freedom but license at the same time the twin right of free speech t the he freedom of the press cannot be too it has been the pride of ift R republic and en an upon it are viewed with a jealous ea lolio eye every lover of libe liberty arty will so ft regard it it is not consistent with this characteristic peculiarity of atal country to take any step that would cause canse public journalists to feel it necessary to pursue their profession as it they were treading on eggs they are liable to err in judgment while the intention to injure may not be present and the awarding of excessive damages incises incases in cases involving elements element of great mitigation to is opposed to the liberty of the press the pride of our common country in that light we consider the verdict in the suit against the herald berald company as anfor unfortunate i human nature is a perplexing problem some of its phases are tar far from elevating this reflection is inspired by the unmistakable evidences of a public journal indulging in undisguised gloa glo tings stings over the misfortune of another newspaper it happens to regard as an opponent aside from the fact that when the freedom of the press is jeopardized in any one quarter the whole fraternity are in danger a an e exhibition hibi tion of magnanimity is an indica indication of manliness |