Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1873-04-01

man. he could properly discuss plff's.
character. Ii he steps outside OF his
duty, he is not protested. We arc not
authorized to set up our own judgments.
bat must allow him to exercise his judg
ment. He was elected by his townsmen,
and took the oath TO do his duty. 1t his
course was not satisfactory. he could be
censured by their ballots at another cleo
ton. II is said he went outside Of his
Report and should be- liable. Ii he sim
ply replied to inquiries made at the time.
il would be part of the Report and
privileged, II made outside,it would be
otherwise. 1t is for YOU to say. Sup.
pose it 10 be privileged communication.
what then? The right must he granted
to discuss tho character aud fitness OF
teachers. by the $. 5. Committee, proper
ly and honeslly-but the shield thrown
over the Committee should not be used
TO the injury of those who are in their
power. When words are spoken, in =
privileged communication, malice is not
to be presumed, tho slander or malice
is sometimes implied in law, when n
thing is deliberately done, as in crime.
The truth or ialsily OF the charges made,
are properly before you not thar all said
must DO proved TO be true If the com
munication is not privileged, the Truth
might be shown by dell, II he knew
the charges were false, his privilege
would not Justify him IN making them.
Ii he had reason 10 bslcye, from her
own conduct, that what he said was trAe,
il would relieve him OF The charge OF
malice. Has plff., by the preponderance
Of testimony. satisfied YOU that malice
existed on the pat OF pin. rs TO
damages. ii is alleged that she lost en-
ployment as a tencher-lhiS is not enough
1t must have been alleged what particu-
lar damage she has suffered, that den
might meet il. She does not allege any
loss Of property-simply 10 her rcputa'
tion.-and the Injury TO her ieellngs, NOR
tifcation, and loss OF reputation rs a
school teacher are proper elements Tor
you TO consider. il you come 10 tho ques-
ton of damages.
The pin. isa young lady OF proposes
ing appearance, florid complexion, with
jaunty red curls. and generally stylish
aspect. She sat with her counsel, pencil
in hand, arranging her ease and suggest
ing questions. She appeared we'll on the
stand. told her story without aiieclaiion,
but in a decidedly interested. If not in
teresting manner. She appeared to relish
jocose remark, though il might be dis
paraging, and frequently treated with
leyity some of the testimony which bore
against her Her appearance, other
wise. was favorable more so than some
of the testimony rs TO her conduct.
The dett. bore himself well, his coun.
tenance showing that he IS - man OF de-
cided convictions, and not afraid TO utter
bis sentiments. Ills positive views nigh,
lead him to impetuous declarations, with
out intending harm.
The case was we'll tried, PHI. being
assisted by the County Attorney, Mr.
Foster, and Alvah Black. Esq, who
made the closing argument OF an hour
and half. 1t WAS strong and logical
effort, quite sarcastic and bitter, in some
portions. Mr. Harlow spoke about Two
hours. urging his points, whSch were
principally legal ones, and reitel alins
them. lest he jury night not fully apprc
bend them. lie conducted the defence
sbrewdly and ably, rs his verdict indicat
es. But it WAS the Judges charge that
was looked 10. for the true character OF
the case, and il was listened To with so
much interc tand gives 50 much valuable
law on the subject, we give ii nearly
verbatim. |, was evident that no great
damages would be awarded, after hear
ing il.
Tho jury after being out one hour, re-
turned a verdict Of guilty" against the
defendant and assessed damages at 81 %,
which carries quarter costs, 10 wit, TWEEN.
ty.liyc cents. The verdict imp.:es that
the Jury did not consider all that was said
by def. as privileged under his official
report, but that there was no malice, and
no great damage done to pins character.
The isprHdence OF the Pltf., 10 call il by
no harsher term, in offering wine 10 o
drinking man. in the school room. in
presence of her scholars, was no doubt
intended TO be rebuked by the jury,
though it did not justify such remarks,
by dett rs that "shc drank whiskey
enough 10 make most men drunk. and
apparently carried it of all right"--nor
did any testimony that was introduced by
delft. come up TO proof OF this and SIM
liar remarks alleged TO have been made
by delft.
Black. Foster. Harlow.
Gilman S. Blake v. Lewiston Steam
Mill Company.
This is an action on y contract alleged
to have been made between the parties
about the first OF April, 1871. for the sale
of one hundred and thirteen thousand
pine timber, more or less. then lying on
the banks of Sandy river in Riley Planta'
ton, 10 be paid for when delivered in he
Androscoggin river. The defendants
DENY that the contract was in writing,