Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1880-04-13

toe. as likely to DO temporary or permanent,
tho expenses incidental to attempts to eject
c4re or to lessen the amount Of Injury, aud the
pecun'ary loss sustained by tho plaintiff through
liability TO attend to his business.
Ard the defendant excepted.
And then the court. 90 motion of defendant
over the plaintiffs objection, gave the following
instruction:
Tho court iustructs the Jury that iu order to
make tho defendant Dapger6ed, liable 10 this
&C ion they must be satisfied from the evidence
that be either sc lively or torclbly aided aud
partlelpatcd in the injury deno to the plaintiff,
or that be WsS present at the commission of the
| injury aldlrg, encouraging and exclliag the
sume; that the burden OF proof is upon the
plaintiff, to satisfy them that defendant Dain.
garfield was thus present aiding. encouraging,
ard exciting the act, but mere presence uucon.
uecsed with other proofs of guilt at the COM
mission OF the act, will not render him liable to
| the plaintiff.
Lam Of opinion that the instrrc iors given by
the court bslow correctly PROFOUND the law Of
| the case and that the Instructors given at the
lcs!arcc CT the defendant were certainly very
favorable TO him. There being DO error, there
fore, in the instructions given by The court, the
only remaining question is. did the curt err 10
refusing to set aside the verdict as contrary to
| tho evidsrce.
This motion to set aside the verdict Ct the
| jury Ia based upon two grounds:
First, that the evidence did not warrant the
verdict sgsiOst tho defendant, DaingeIield, WHO
did not tc'uslly commit tho resp8ss from which
ho received tho il iurY complained Of, ADD
Second, because the damages assessed by the
Jury were excessive.
As TO the first point the evidence c)uclu-
siVeIy shows that DdinReiiitld, with Harrison.
was guilty oil lrtspsss upon the premises OF
Thoupsor. They Went to his house at late
hour of tho pight and demanded admittatce
alter he had oloacd bis house. Their conduot
10 irslsliog on adnittauo, ut that late hour was
10 itself q trespass co bis premises. And when
he refused edmitteuoo. the firing of pistol by
Harrison was another Unlawful act. AID in
that unlaWul oct Dangcl6cd Was prominent
actor. He prompted Harrison to frs the pis-
tol which caused the ia'al result. Harrison,
who was drunk. asked him. shall l give him
a saIute?" ard D.pgellcld replied, Yes,
give tie damned llack republican q salute, V
and at tho same limo stepped back from be-
tween Harrison and tho door, Immediately
upon this the pistol was fired by Harrison, aad
Thompson. who was opening ths door, WGs
wounded by the pistol shot.
would not have fred tho pistol bu. for bis d,
reoIion, although he Insists TINT when no told
him to fro n salute he expected him to fro toto
tho air. and to Use his own language, he did
uot tXptc. he WINS id fool enough TO shoot in
tho house"
The ~illful fling Of n pistol 10 the streets Of
q city, whether malicousIy or not. is OF itself
au Unlawful not, and tho consequelc, Of such
uolsW!ui act must DO visited upon those who
commit it or iostigato it. Safety and proteo-
TOO to saoIeiy require that both tho sctors and
insiiga!ors IT ucl.1thl aots should be held to
strict accountability for The c>nstquences Of
their violation Of lew. 1t il 90 excuse or iusti.
hcalltn Of Daineelfcld to say that he did not
il:o the pistol which caused the injury. Hc
was tho alder aud ebotlor and iestiga,or of III
Iison who fired he fatal shot, and who himself
admits that i: WAS FIR, d at his advice and insll
aatiun. And it ia no excuse or Justification TO
say thes he simply told him to fire salute, and
that no expected him (Harrison) to 61e 10 the
lit. The hrlog CT the pistol was 10 itself an 10
lawful SC and advised and nsligaled by liO,
he must tako tho constqacnces OF the result.
lie who commands or prooures another TO do
"A ua'aEiui oct Is as responsible as trtsp,ss:r
as he who commits the ,rcspass Jordan w.
Wyatt, 4 b Grlttan lj6 Aod although the
act Committed was doue without malice, yet be-.
lrg unlawful. the party committing it or aiding
or sottlog IN III commission is ie'pousible in
dsmagca to tho party Injured. Pdrson, vs..
Harper l6 Gfstan e.
Ii Is earnestly Insisted, however, By tho
learned counsel ivr tho pl,intiif 10 error (D.in
gelield) thst the evidc1oo against linn docs
dot sustain the charge in tho declaration and 10
each count thereof Of assault and battery; that
while sue, assault is proved against Harrison,
VINO lred Tho pistol, it is not proved as to Dain.
gtraeidi that he comnittei no assault but
simp advised and instgated an act which was
| Itself harmless, 10 wit: "hro O salute" and that
ms oct was not tfespRss or assault 80 far rs
Dainger6ed was concerned; that he did not di.
rect Harrison to shoot Thompson, or TO fire into
| his house, but simply to fire salute" and that
Harrison did another and different act from tho
one which was advised and instigsted by Dain-
gerfsld, and that the injury resulted from Hsr.
1scn's act done differently from the act directed
| BY Daln Serheld, and consequently Dainperfeld
cannot DO held liable in this action,
=, NOW the fatal defect in this argument is. that
lbn nrng OF pistol IN the streets of city is not
harnsless act but on tho contrary Is an unlaao.
lul and dangerous act. prohibited and made un.
| lawful by express statute.
=, And besides the evidence sbundantly shows
that even baore the firing of the pistol Dain ger.
held and Harrison were joint trespassers upon
the premises of Thompson.
| A'''S VI buo pisb) Wh9 Al AggrRY3tlOQ OF
tho trespsss, and being in itself an Unlawful act
and That unlawful act causing the fatal injury
Se'ns lnstlgsted and prompted BY Daingerao!d,
he is equally responsible with Harris On for it's
unhappy consequences although it WAS not done
msiIcIousIy and not done by the hand of Dam
| ge:fed.
Tho law is we'll settled that any person who is
| ptesent az the commission cf q trespsss encour.
sRipg or melting the same by words, gestures,
looks or signs or who in sny way or by any
| means, countenanccs or approves the same is in
law deemed to be an alder srd abetter and lisbe8s
princlpsl Hal q p. 8 3 Grenf 2 DO, Ill, 43.
Missouri Nb. and cases there cited
Ihere seems indeed to DO no principle of law
nelter so!t!ed, and for which numerous authori.
les may DO cited, if necessary, than this that all
persons who Wronsfully contribute in sny man
ner TO the commission Ct a trespass are re,pon-
| extent Of the injury done 'No
| Inc defendant, Csiagorfed, being present
e.alng, and abet:ng and insiysting Harrison.
| was equally guilty with him Of an assault TO the
Same Dc gcee as !f he had red tnn faiai shet hia