Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1870-10-14
NUMBER Is.

that IN instituting his criminal charge against
Mr. briggs, he did so with reasonable grounds
Tor believing that Mr.. briggs was guilty Of per
jury, when he testified before the arbitrstors in
the Clark and Burton matter, based upon cir
cumstances that would induce reasonable man
to infer tha, Mr. briggs was testifying to what
he Knew to be false At the time II Mr.. Burton
had no such ground for his belief he was then
clearly acting improperly. and therefore was
liable to the plaintiff in the present &C.
ton. 1t is for you to consider sll the
circumstances in the case, and in doing
this you must remember that at the time the tes-
tmony OF Mr. briggs was taken it was important
to show that Mr.. Burton was in New York CITY
at the time stated, and under the very circum-
stances he WAS said to be; that therefore Mr..
briggs attention was probably particularly
directed to the question of time, and he was
therefore less likely to be mistaken in the mat
ter, as it was subsequently conceded he Was
You will also bear IN mind that Mr. Burton de-
lsyed his prosecution for three years From the
fact that the testimony of Mr.. briggs affected
him go personally, be doubtless had considerable
feeling In instituiing criminal prosecution, and
therefore was not as likely to put as charitable
construction upon Nlr. briggs testimony as he
might otherwise have done. The fact that Mr.
briggs afterwards Acknowledged his mistake was
not of itself sufficient to exonera,e him. for when
man swesrs falsely he cannot thus easily e1-
onerate himself from liability. The time and
way Of such acknowledgment should both be
considered in judging Of bis motives II the
criminal proceeding was instituted by reason of
the bad faith Of Mr. Burton, although it wss
afterwards abandoned. still he would be liable IN
such an action II he caused the complaint to
be instituted. fully believing at the time that the
charge was = true one, Notwithstanding be was
subsequently compelled to abandon it on account
Of the impossibility to obtain his witnesses for
substantiatng it, he was unquestionably iusti-
fed in instituting the proceeding
After brief absence, the jury returneda a yer-
dict for the plaintiff for $500 damages and
costs.
Henry L. Wood rs William Tracy, was then
commenced. This is an action of trespass TO
the person, and is sleged to have been COM
mit,ed on the plaintiff in the town Of South Hero
in the sumner Of 1868 1t occurred while the
plaintiff Was attempting to 20 on to some land to
which the plaintiff claimed title, by virtue Of
the levy Of an execution upon it. The defendant
disputed the plaintiffs right, and assaulted MIN
while be was in the act OF entering on the pre-
misses in question Messrs. Henry Ballard And
G. W Withers, for plaintiff ; H. B Smith and
Daniel Roberts, for defendant
At eleven o'clock the grand jury came through
their foreman, Nath. Parker, and presented the
following report. which is Of unusual interest on
account Of the attention which they give to the
County Court House building and their remarks
and recommendations in the matter.
The subject is not a new one to the people Of
this County, this being the second time, within
Two years, thst the necessity for the erection Of
new, more commodious and convenient building,
and a more suitable location has been suggested
by the same body We hope the subject will
now be seriously considered and whatever change
is deemed necessary in the matter adopted with
out further delay.