The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-12-27

Ion. Much moro harm than good would be done
by encouraging or permitting inquiries into
motives when tho immediate act alleged TO
have caused tho loss for which redress is sought
is in itself innocent or neutral In character. and
one which anybody may do or leave undone
without fear OF legal consequences"
Lord Watson. whose judgment is reckoned
the weiRhtlest OF all, said: Although the rule
may be otherwise with regard to crimes, tho
law OF England docs not, according to my APP
prehension, take into account motive as consti.
tutlng an element of civil wrong. Any inva-
sion OF the civil rights Of another person Is in
itself a legal wrong, carrying with II liability to
repair It's necessary or natural consequences, in
so far as these are injurious to the person whose
right is infringed, whether the motive
which prompted It be good, bad. or Indifferent.
But the existence OF n bad motive. in the case of
an act which is not in itself illegal, will not con-
vert hat act into n civil wrong, for which rep
nration 10 due. A wrongful act, done know
ingly, and with a view to its injurious conse-
qucnces. may, in the sense Of law, be malicious;
but such malice derives It's essential character
from the circumstance that the act done consti-
tutes q violation OF tho law. There Is n class OF
cases which have sometimes been referred to as
ovidencing that a bad motive may be an ele-
mont in tho composition of civil wrong; but in
these cases tho wrong must have its root in an
y ""'Nh u 10" S0"VAehJ AoseA. W
but excuses its preparation In certain excep-
tional circumstances, from considerations Of
public policy. These are well known as
cases OF privilege, IN which the protection
which the law gives to an individual who 10
WITHIN the scope OF these confederation CON
sists In TINS. tnat ne may Win inpunity eo"mi1
ahac1 "nicnis aiesai "rone' niepii'.
iiege would anora eoou Gauss vi ao'ioh against
MIN, ali that IL requirea In oroer W ra'so .ho
privilege anu entioie MN 70 pro'eo'on pe'"s
'hat no sh"'i ece hones'i! III 'he oi'on",so y,
SONG "u'S "hioh II Ia" fooosn'Nes' Az on"
not DO pronpteo oS aaosire 10 ih1ure .ne pe,soh
VINO 10 aneo.e" oy ms act Aceoruihsi.' Al 7"
SUIT Drought by that person. IL is necessary ior
mn U prove an lhteh' ih'ure u "
destroy inc priViieRe OF Tue aoienuan' pu.
none OF these cases tehu 10 esVaoish th"I an aos
which aoes NOT amount 10 u iesai "rons'a II
therefore, heeos no proteot,en' d nave PRIV
iiege attached 10 IT, uno sun iess Iha III Z W
iteoii nv " ''s"A WINS "
II wax II" y = oeu mo'i'e'
Tho tragic death NJ William Terriss has
| stirred the Iondop ppbIic more than anvtbint
| since the .Jameson raid. Though he was alyyays
.Tcrr,ss tho actor. IN the man IN the street.
vet tbero was enough known of bis fplI rowing
ito that 90 yclI fitted his buovant bandsome
norson m make him n personaIitv nv himself
| Hia atAua Y WAS nj rnnnQfN0nA f0T a0mR
uodorns bnt IN sn;te NJ meIodram II uos ain.
coro and bobind a. yos the man bimself Hare
ore sketcbes of hin, nv two man who knev him
we'll One vrires. 'Terriss. as bis friends
called him vos mora than AN actor. he was a
conit,, communion and N kind friend Doubt.
less his early career accounted for the careIess
mir he d,snlo ved nm nearlv every occasion. for bc
had fo,lowod a nrmber ~ ~ca,Iipgs A.
ono time ha vas n aoi,or nj anotber a nlan,er
He was equally Mt home in engineering
work. and tnow somotbino about borse.breed.
inc, His mother was tho niece Of the historian
Grote and his father tho Int Mr.. LAWN was a
welI.known barrister. In all outdoor exercises
he took esnecial delight, and was particularly
fond n, yocbtinc and cvcIing Altbouob not n
roIf n,over bo would take b;s nIace IN n four.
some' and If he could not nut he occasionally
made n canital drive. His last game of golf was
nlaved onlv n few weeks 400 when be was STAYING
In tho countrv over Sunday. His voice off the
stare wos almosr ma nowerfuI as when he was
oc,;no ,ul when no snoke at dinner II wac n
s;nn,I for tho others n listen or cards h.
,yos verv fond and he rs.d to oet n few fri.,d.
q, on Saturday or Sunday NIGHT IN n,av a round
game No ono was more devoted IN his nrofes.
s,on ,ban pm, Terriss. and everytbinp had IN
,;ve ,yoytot He a,wava kent himaalf In CON.
dit;on for acting and was tn all ;ntente and
nnrnose. n tota, abstatner. wbatever his anna
t.te NAV have been. he ate hut little. and often
bis dinner would consiat of fsh and a olass ~
water Asa CONSEQUENCE he was scarcelv aver
III and his voice was alvavs maintained.
"He has heen a good de.l IN America AND !, I,
AMID that he was the frat IN snpoest that tbe
naIv con,nanv sbouId trv their fortune IN Lon.
don Rnt there were few nnrta of the world thot
Torr,e. b.d mot .o.n and he WAS alvaro f,u M
conversation. Essentiauv a bohemian he never
sought IN go info the ereat social world IA
was content with his own surroundings and
h.nry In bis ,vork Now and then ho,vsvor
~. ror,d oo o,d .t,y nth go
10 "ouiu go II 's"S WIN " ,rieho
for the weekend and he' was always
an acquisition to a party. Though he
nd n ,ood temner he did not hat
nau gu. %mp'i' ou noS hes
tate to hold his own II occasion re
quired. and he generally succeeded in getting
o,hora ,o oooon, his v;.yy ~ or.s,;on H.
o'hers u aeeep' VI . "ques',on. AWAY
merry. he delighted In chan, and no matter
what game he was playing, or whom he wa,
nl.vire vitb he would leon NJ n Cow ~ cor
pia'tns Win 70 "ou'u A.oo ~" u Gun
VerSatlOn. AT Inc CluD, IN Inc nome clrcle, OIL