The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-11
Butte Department.

courts instructions. He is the only gen.
tleman on the Jury / feel has acted on his
honest convictions and in accord with his
views of the instructions.
THE court will adjudge each and every
one of the other gentlemen guilty OF con-
tempt OF court and willful disregard OF
the instructions of the court, and the
court will impose a reminder both to the
gentlemen of the jury and to the commu-
nifty at large, but will be very modest in
the amount of the fine which shall i'm
pose II there was any discrimination to
be made / would feel that in some of
your cases an Imprisonment to the great
est extent allowed by law would not be
too severe, but prefer to impose a rath-
er modest fine to remind you and others
who may be called to serve as Jurors that
business cannot be done IN court IN this
way. The clerk will enter a fine Of $40
against you, except Mr.. Barnard, and as
you have proved yourself valueless to this
or any other court, you are discharged
from further attendance upon this court,
and I assure you that as long as am on
this bench you Will not again be called
upon to serve this court as jurors. Cor
Seven men hung their heads and left
the court room, but Mr.. Barnard remain
ed and was selected as juror in the
next case.
The particular instructions which the
jury disregarded were the following:
ION the question of damages, the court
instructs you that in actions of this kind
the law awards only such damages as a
party actually sustains. and these must
be such as are proximate and result from
the acts complained of, and not those
which are remote and have no direct or
immediate connection with the wrongful
acts alleged and proven, II any wrongful
acts have been proven.
count OF mental anxiety of fear of fall
ure In business and loss of time In pre-
pairing for the trial are not such causes
of damage for which the law In cases like
this will afford compensation. and the
court therefore instructs you In consider
ing your verdict to reject any claim for
damages under this head.
Such damages as the loss of credit or
injury to business reputation are too
shadowy and uncertain to form the basis
for an estimate of actual damages sus-
tained. and on this ground. the court in
structs you that II you believe from the
evidence that said attachment was
wrongfully sued out, and that by reason
thereof the creditors OF vendors from
whom plaintiff had purchased or ordered
goods, demand security for their payment
such damage (f any there was), was re-
mote and not caused directly by the acts
OF defendant In causing the attachment
TO issue. and the jury. in forming a YER
dict, should reject and disallow any dam
ages under this claim. 1t IA only such
damages as proceed or result directly
from the acts of defendant for which the
law viii award damages in wrongfully
suing out an attachment. and in the pres
ent case the damages must be limited to
the release OF the goods from attachment
or threatened attachment. and to plaint-
ms loss OF time on account thereof"
There were a number of attorneys pres
emit when Judge McHatton delivered his
opinion" to the jurors and some OF them
have been practicing law for more than
a quarter of century, but they declare
they had never before heard a court
roast jury so hard and 50 we'll. They
agreed that the roast" was timely and
deserved, and that IL other judges were
as strict with turies there would be fewer
Instances OF miscarriage of justice.