PUBLISHER. One who by himself or his agent inakes a thing publicly known ; one engaged in the circulation of books, pamphlets, and other papers.
2. The publisher Of a libel is responsible as if he were the author of it, and it is im material whether he has any knowledge of its contents or not, 9 Coke, 59 ; Hawkins, Pl. Cr. e. 73, 10 ; 4 Mas. C. C. 115 ; and it is no justifioation to him that the name of the author accompanies tbe libel. 10 Johns. N. Y. 447 ; 2 Mood. & R. 312.
3. When the publication is made by writing or printing, if the matter be libellous, the publisher may be indioted for a misdemeanor, provided it was made hy his direction or con sent ; but if he was the owner of a news paper merely, and the publication was made by his servants or agents, without any con. sent or knowledge on his part, he will not be liable to a criminal prosecution. In either
ease he will be liable to an action for dam ages sustained by the party aggrieved. 7 Johns. N, Y. 264. But see 11 Mete. Mass. 367.
4. In order to render the publisher amena ble te the law, the publication must be ma liciously made; but malice will be presumed if the matter be libellous. This presumption, however. will be rebutted if the publication be made for some lawful purpose, as, drawing up a bill of indictment, in which the libellous words are embodied for the purpose of prose cuting the libeller ; or if it evidently appear that the publisher did not, at the time of pub lication, know that the matter was libellous: as, when a person reads a libel alone in the presence of others, without beforehand know ing it to be such. 9 Coke, 59. See LIBEL ;