The daily gazette., 1876-12-09

rs for some sort of yindicatiOn, (and any
sort is OF value to one so cruelty wrOnged)
to ask from you a verdict in her behalf
Tor such damages as in your mind she
ought to have. Now what may be taken
iLto consideration by you in estimating
such damages,if you think she has proved
her case CA case of seduction of
ntherto Vlrtuous woman under n prom
Use, before the accomplish ment of her
ruin, that he would marry he.
Gentleman their are many things ron
may take into consideration in such u
case; among others, the injury to the
feelings, affections, wounded pride, loss
of marriage, &c. Yeu may consider and
should do it, the injury to the plaintiff
by modification, a sense OF a conscience
then upraiding her and next to 1e SC
knowledge that the place in society she
once filled can never more be occupied
by heN that she will be Stunned By her
companions and assoeiates, that alwass
and ever the finger, Of scorn will be
pointed at her, and that she will be
treated as an outcast--for tho imagin-
alton, the wounded feelings SO deeply
bruised conjure up all such things. You
may also consider the blow her affeo-
tions received in finding that the one she
had SO fatally trusted had proved faith
less to his promise, and also the advant-
age she would have derived from her
union with one SO prosperous as he is
shown to be in business . All theee
things you are to consider and under
your verdict Should you find one for
the plaintiff) accordingly and the meas
ure you will adopt for tine estimation
OF such damages ID within your own dis
erection. 1t is serious thing, gentleman
to undertake to estimate in money the
value of this plaintiffs honor, if she has
shown herslelf entitled to your verdict.
With her circumstances in life her honor
was all she possessed she was poor, one
of that large class of toilers who are only
compensated, by the want of means to
live otherwise than by toll, by the pos
session Of untarnished honor-that im-
mediate Jewel of their souls" by which
| they elevate themselves to the highest
place in the ranks of humanity and
| which while it is kept sacred assumes
them such high place. In the case OF
the wealthy, such disasters are better
borne for their riches will enable themto
| go to some other part of the world where
| they and their degradation are unknown;
but the poor must remain; they are
chained to the oar of labor and must re-
main where they live, or goamong ntter
| stangefs with no friend TO assist them.
You may take such consideration into
your minds and assess the damage ac-
cordingly. Now damages are of three
| descriptions Nominal. where no actual
| damage whatever has been sustained
| Compensatory, where damages are given
| as compensation merely, as measured by
I the injury In money which the plaintiff
can prove she has sustained. OF this
kind would be, in this case Cf you be-
lieve the plaintiffs testimony the ex-
pense the plaintiff wss put to in prepar-
ing for the contemplated wedding and
any other expense found by you to have
been incurred by he,; and lastly another
class of damages called by a variety of
names, such as exemplary, punitive puni-
tory, vindictive-all meaning the same
thing, such as the jury, in the exercise
of their own sound discretion. see prop
| er to give, by way of making an exam
nation of the defendant, or Furnishing
him for his atrocious wrong. In arriv-
| ing at a knowledge of the proper meas
ute in a particular case it is the habit
Of courts TO allow evidence to he given
of the circumstances and means OF the
defendant for the benefit Of the jury
in aiding them to arrive at such know
ledge.
The whole matter of damn ges ee, tie.
men if you think the plain,l1f entitled
to a verdict upon the testimony is with
you and sou only Only not t,lgetting
as we feel sure you will not in tins case.
that such verdict must be your d, liber-
ate Judgment, and the damages ASSESS
ed by it be not affected 10y prejudice or
passion.
The charge was finished at about
half past three O'clock, when tho jury
RI tired to consult over the matter, and
al 3G minutes past five aft er an absence
Of "A little over two hours. they returned
with verdict tor Miss Calvert and ad-
judged her as damages the sum Of three
thousand five hundred dollars.
MIR. Lore, after the reception of the
verdict notified the Court of Lis inten-
lion to move for a new trial