Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1871-03-31
ed to her at the time Of her marriage, as the

ed to her at the time of her marriage, as the
law then stood, would be the property Of her
husband. 1t would be so if it had been re-
kuced to his possession, but as the law
has been for some twenty years, wife
may own and control her property in
dependent of her husband. Look at the tes-
timony gentlemen, and decide for yourselves
what property belonged to her, and what was
the injury to that property.
Then gentlemen, another question arises
on the third count. Was there a trespass
committed upon the female plaintiff? She is
the only one now who seeks for damages.
Whatever may have been the Injury inflicted
upon the other inmates of that house, she can
recover in this suit only for that which was
inflicted upon her. In order to constitute an
assault, 1t is not necessary that the person
should be touched, but there should be GER
tain indignities. In the language of one of
the decisions, ''if the plaintiff was embar-
raised and distressed by the acts of the de-
fendant it would amount in law to an as
sault." How was she assaulted? and we
should judge from the evidence. 1t appears
from the declaration of the defendant himself,
that certain door leading to plaintiffs bed
room or room adjoining, which they refused
to open, was burst open by his orders.
That the female plaintiff was occupying this
room and there was force against the door,
and in her hearing. Then it is said that indi-
viduals were there, in and about the house
making great deal of disturbance and noise
and distressing plaintiff = that there was a
bloodhound there. Some magnify the blood
hound and others consider him to be a very
harmless animal. Then it is said that men
were there armed, of which you have heard
the testimony, and the interview when the
plaintiff undertook to obtain the entrance of
81, \ a 4Orn
him into the house and being separated by two
of those stationed there. If either of those
individuals in endeavoring to separate her
from her son, under those circumstances as
saulted her, that would be an assault in and
of itself, Then it is said the taking out of
the windows compelling her to retreat to her
chamber when the climate was so cold as to
be below zero, thus causing her to suffer from
cold, was an indignity and was an as
sault. Then it is contended that de-
priying her of the approach of her
friends was an indignity. 1t is also con-
tended that denping her food, compelling the
inmates to raise it from the window outside
indignity. This however, was denied
on the part of the defendant, saying that he
only denied that it should be hauled up bya
rope on the outside, but always permitting
any food presented ut the door to be handed
them ard that he did not pretend to cause
any iuhumanity toward the inmates of that
house, until | think, Monday or Tuesday.
wheu he then prohibited anything further be-
ing furnished. These, gentlemen, are the
considerations which have been presented to
you, and it is contended that they amount to
an assault and trespass, and of that you will
judge. If you find damages for the plaintiff,
it has been commended that you Have right
in addition to the real damages. to assess,
what is called punitive damages. which are
frequently assessed it is said to deter them
and others from committing a like offence.
Upon this subject the defendant has intro
duced testimony tending to show that how
mistaken he might have been in his conduct,
it was done by the advice of eminent counsel
That would seem to do away with a great
portion of any malice-that ke thought he was
exercising nothing but legal rights. mistaken
as he was. And if he did nothing more than
follow their adviceif he rightly communi-
Gated all the facts to his counsel, and they
gave him such advice, and he followed it in
good faith, it goes far in mitigation OF dam
ages, SO far as punitive damages are con-
cerned.
The Judges charge occupied about thirty
minutes, and at its close the jury retired.
Thereupon the Court adjourned. The YER
diet will be announced this morning.