Recollections of a Varied Life

by George Cary Eggleston

During the many years that I passed in active newspaper work after that time, observation and experience taught me much, with regard to newspaper libel suits, which is not generally known. It may be of interest to suggest some things on the subject here.

I have never known anybody to get rich by suing newspapers for libel. The nearest approach to that result that has come within my knowledge was when Kenward Philp got a verdict for five thousand dollars damages against a newspaper that had accused him of complicity in the forging of the celebrated Morey letter which was used to General Garfield's hurt in his campaign for the Presidency. There have been larger verdicts secured in a few other cases, but I suspect that none of them seemed so much like enrichment to those who secured them, as that one did to Philp. It was not Mr. Philp's habit to have a considerable sum of money in possession at any time. His temperament strongly militated against that, and I think all men who knew him well will agree with me in doubting that he ever had one-half or one-fourth the sum this verdict brought him, in his possession at any one time in his life, except upon that occasion.

In suing newspapers for libel it is the custom of suitors to name large sums as the measure of the damages claimed, but this is a thing inspired mainly by vanity and a spirit of ostentation. It emphasizes the value of the reputation alleged to have been damaged; it is in itself a boastful threat of the punishment the suitor means to inflict, and is akin to the vaporings with which men of rougher ways talk of the fights they contemplate. It is an assurance to the friends of the suitor of his determined purpose to secure adequate redress and of his confidence in his ability to do so. Finally, it is a "don't-tread-on-me" warning to everybody concerned.

Inspired by such motives men often sue for fifty thousand dollars for damages done to a fifty-cent reputation. It costs no more to institute a suit for fifty thousand dollars than to bring one for one or two thousand.

In many cases libel suits are instituted without the smallest intention of bringing them to trial. They are "bluffs," pure and simple. They are meant to intimidate, and sometimes they accomplish that purpose, but not often.

I remember one case with which I had personally to deal. I was in charge of the editorial page of the New York World at the time, and with a secure body of facts behind me I wrote a severe editorial concerning the malefactions of one John Y. McKane, a Coney Island political boss. I specifically charged him with the crimes he had committed, cataloguing them and calling each of them by its right name.

The man promptly served papers in a libel suit against the newspaper. A timid business manager hurriedly came to me with the news, asking if I couldn't write another article "softening" the severity of the former utterance. I showed him the folly of any such attempt in a case where the libel, if there was any libel, had already been published.

"But even if the case were otherwise," I added, "the World will do nothing of that cowardly kind. The man has committed the crimes we have charged. Otherwise we should not have made the charges. I shall indite and publish another article specifically reiterating our accusations, as our reply to his attempt at intimidation."

I did so at once. I repeated each charge made and emphasized it. I ended the article by saying that the man had impudently sued the paper for libel in publishing these truths concerning him, and adding that "it is not as plaintiff in a libel suit that he will have to meet these accusations, but as defendant in a criminal prosecution, and long before his suit for libel can be brought to trial, he will be doing time in prison stripes with no reputation left for anybody to injure."

The prediction was fulfilled. The man was prosecuted and sentenced to a long term in state's prison. So ended that libel suit.