New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-06-07
CHEF JUSTICE SHAW s RULING IN THE
NUISANCE ACT CASE.
From The Boston saay .4drertiey.


In copsequerc e of the great interest which has been
manifested in regard TO the rulings of Chief Ju;tce
Shaw, in the csse Of James Brown agt. Stephen Per-
kius al wife, we some time stree made arrangements
to obtain at as early day as practicable en- exact and
authoritative report Of them, as drawn up by himself
end We are now able to lay before readers copy of
the official report drawn up by the learned Chief JUS
tee and fled by BIN in the office OF the Clerk OF the
Counts in Essex County the having been reserved
for the c. nrideration of the full bench
RrI1XG Is BROWN ACT. PERKINS AND WIFE.
The evidence being closed instructions were gwen
to the Jury substantially as follows This Is al ac'
ton of tort in nature of trespsss qudre eausum, Tor
breaking sud entering plaintiffs close, tor INJURY aud
damage done to the building. Upon the poidts al
legged if proved the plaintiff will be entitled 10 YER
oct ard damages, unless the defendants make out a
justification OF the acts done. a. the abatement OF
public LusdLce.
In reference 70 tie defendants, being two only OF a
large nuu Der Of Iersons, alleged 70 be engaged 10 the
alleged Ie.pass the Jury were instructed mat wnere
many are engaged IL acommon enterprise "hich "hen
il il or may be unlawful, Is oenOmltae conspiracy,
ell VITO ION IN toet purpose, and city or indirectly
aid il, aIe equally responsible, whichever OF them
does the " lawful act complained OF; anu they are re-
Of the ss dor pursuance and in the execution
of thai purpose that combination or sonpfay oy
v0tc lawful ma be proved g. well ~ acts a. con
by express proof Of consultation scd Sseem that
purpose for the accomplishment Of legal purpose oJ u4
awful means are equally liable "i .no.e wHo n'ie con
sued that al who present, aiding and ss'se IL
t ere or wTopg to another are regarded in law
plcitals aid civil action all liable, severaiy as
s.ou sssins oil who sIe engaged any nber lee.
than ell against any OF them that person regarded
il lsw present aiding ad assisting VINO j. SO near as lhAt 10
opfo'on TO the acts being done OF pro
posed to be done they could aid AID deeud those VINO are
actually doing them or by preventing ana keeping away hos
no might the assistance Of The party against whom or
vs. interests be would osste iuurousy oil
these present who couIienane and Ipo'e tg "cn
b tsken, or iae no opp SHOP or manifest no osAppro
en and approving stand in such relation would naturally
enable ,hem exercise authority CONTROL or nh
oyeE the actors WHEN the actors wives or children
speedily eaqehter and H. PeLson. PIsen are husbands OF
and perhaps without il the voud not have been done If
lie terous thus pre sent magistrates Ministers teachers
still more encouraging and inf ens they would be equally
poLsbe TO the patty inuIec and IN case oil cha proeeu
II, L, equally snenAbe 10 the law.
In 10 the fact tina, this is suit against Perkins .nd
bis Wife the jury Instructed tina; Nj sd M Perkins
were both there siding and .sDg, a. rep4s was COUNT
ted, hi. action viii lie assnst ob If MIS- PyrMa' wa. there
Ike alone, the seton lee seAnst p3h ocaase IN
hubsnd may be oin.d in suit toft oil Tie wiz M
there 1Ors y. he he obasd ,ops To- "
In reference the fs point whether t'psss hiss been
committed deteudeIiT d suy justification, the evidence
,yi,wed and submitted 10 the Juiy coLiomloy TO the pnnc
yts beI.in bel. re stated
NJ ara Mr. Perkins, or eihs them sssi,sd IN 3rrius
The coC 81 were not when frd the jury "ere In
sum n aiop they we've Present aiding assisting
and couiieuaucng scsoIag to the princ-s hsrtn bre
they satisfied by The proof TIA; neither thew
ncr either II The did thus assist 10 forcing the door,
would sttIa Only 10 coltradct and contru tns
iouy those witnesses who have stated that they were
found or
g. But material question IS whether this proceedns
s Ustfabe upon the grounds STATED aud relied upon That
iu,h tla BY statute all intoxicating liquors sept for
implements actusiy used IA selling and
keeping SANE contrary .; the provisions Of that at Si,
35 rs 81 iceland 70 b. common ruAnees, and
ar. to be g.c and treated such And that BY aater stat
ME (SiG 1855 45 al buildings, places OF ieuemsnts used
houses Of IN fame resort,d for Pros:tnor e sdnes " oT
lie gal ssur e. or used fer s kt-pns aud sale q uiox sins
quors 81. Iceland 70 nuisances aud aye - De
gAdtd and tfesitd as such.
pom Ills ihr; questions Ail't
Wheeler al persons members Of the comEnlnly have
m risbt 20 destroy intoxicating 10 ofs thus T by way Of
tbateu. NJ Of q nuisance "
Whether purpose they have sh' 20 U.s. oEs to
break open the place where il kept Ae AHsae e-1Lo- o.
IeGChed. and abst d otherwise
IL i4tle number Of persons to combine ADD
take ard destroy saeh intoMecns "a Io by
snd 70 force in breaking opsn sneh u I,ef 10
and Possession Of tae hGnfi 10 De er.uoy.d
tpcn these eors Of tpEon taa iasfu,e' th- Jury
~ foloss .
That IDS ia ug liquors sept fr sale tih re "es COP
tIrps and u-j in ibs sale beng eecAied eJ sv
" eeSGon IdssIes, IL lswfG for Sy pe'sNH 70 assfoJ