Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1906-05-10

and tho jury received the case before $50.
THE JUDGES CHARGE.
Judge Wheeler told the jurors that the
first thing for them TO consider was
whether Mr. Clement did say tho words
alleged and whether he meant that the
shooting by the plaintiff was murder.
Did he say that he should have been in
dictcd for murder instead of for man
slaughter aud did these words mean that
he was Il murderer. II he did mean by
these words that Wilson was murderer.
even though he did not mention Wilson's
name, the plaintiff was entitled 10 a Vcr-
dict
Tho judge told tho jurors that they |
should take all the testimony together |
and determine If he did say the words |
alleged and whether he meant that tho !
transaction was murder and that the |
man who did the shooting was mur- |
dcror IF he did then the plaintiff would |
he entitled to verdict. If he did not the !
verdict should he for the defendant.
The right of free speech was not quog-
toned but neither Mr.. Clement nor any
other man had the right to bring IN amy
man and Islander him in order to make
"A point # he did that. although he did
rot know tho plaintiff nor mean him any
harm, tho verdict should bc for the plain
i tiff.
Tho Judge spoke about tho fact that
something had been said about 'n;lico
and told the jurors that malice did not
mean hatred. He said Mr.. Clement said
he did not Use tn" word murderer i'm that
sense. if he said anything anywhere so
as I" leave tho impression that it was a
murder and thar tho man WAS a murderer
tho verdict should bc for tho plaintiff.
| A man has right to his reputation and
! haractcr If his standing in tho commun-
lily was injured h. was entitled TO dam
ages. Tho jurors were told that while
considering the wealth. position and num-
her of people vino heard the defendant
they must consider what TIA" reputation
Iuf the plaintiff was and also the circum-
lstauC"s of the shooting, not to sec If the
plaintiff was guilty Of murder but TO see
what it that Clement had to talk
iuhout They must see how much injury
IT would he to the plaintiff to have things
said about him and fix the damage. II
was their duty to do justice to both par
tics. If it looked to them as though the
plaintiff was reckless in making the
Ichargcs. not pretending 10 regard peoples
rights, they could add what they thought
was right.
ASK FOR INSTR tTIoNS.
Tho case went to the jury at about $50
land they werc out until after four o'clock.
When they returned to the court room
they presented 4 written request for in
Istructions and Judg" Wheeler told them
in reply that it was not necessary for the
defendant to have mentioned the plaintiff 5
name in his remarks. Tho jury then retired
for further consideration of the case.
SATURDAYS SESSION.
Samuel -. Wilson received a verdict
Of 900 saturday morning from the
jury which has been trying tho Sian
der suit he brought against Pcrcival
W. Clement. The trial of the cas-"
was begun last Tuesday in United
States courts before Judge Wheeler and
was in progress up to Friday after
noon at $50. when the jurors received
the case
| During tho afternoon the jury re-
turned for further instructions and it
was thought they might reach de-
cision during the evening and consc-
quently Judge Wheeler and the court
officials remained at the court house
until nine o'clock. An agreement was
not reached and the jurors were in
structed to seal their verdict if they
reached ono and present it in the
morning It is understood that some
of the jurors wished to give the plain
tin as high as 5000 while others
Thought 5000 about right Tho sum
fixed upon was "a compromise,
When court opened in the mornin :
the plaintiff and his attorney. NJ l..
Powell. were in the court room but
Mr.. clement was not present ono Of
his attorneys, Alexander Dunnctt Of
ST. Johnsbury, representing him. The
jurors were in their seats at nine
o'clock and tho verdict was at once
handed to Judge Wheeler. Ne read it
and it was then announced by Clerk
George T.. Johnson. As soon as the
verdict was made known Mr.. Powell
gave Wilson warm shake of the
hand in Cougratulation
When this case was tried in Rutland
a verdict was returned FOR tho d.feu-
dart but a new trial was ordered on
tho ground that some Of the jurors
wore disqualified. The case was once
: set for trial at Windsor but was con
tuuod 1t came up at tn" torn which
opcucd here in February but at the
request of the defendant was continued
until later. When court convened
tho trial WAS at once begun.
Some months ago a settlement was
supposed tn have been reached by tho
payment of 81 900 hy Mr.. Clement but
tho plaiutif declined to accept tho set
tlomcut and tho case was tried EX-
ccptious have been saved by the de
PENDANT ana the case may pass to a
higher court.
Wilson brought suit 10 recover da M
ages Of $4,000. alleging that Mr.. elem
ent. while making campaign speeches
I'm 1907. called him a murderer and ac-
cuSed him of the murder OF Edward
Goshea at White River Junction The
fact that Wilson shot and killed
Goshca was not denied but he was in
dictcd for manslauShtcr anj: after a
trial was acquitted by the jury.
Wilson was employed by states At
torncv Tarbcll of Windsor county as q
detective to secure evidence of alleged
violations OF the liquor law and Ger
tain other laws. II was while in the
performance Of that duty that he shot
Goshca. He is now living in Phla-
dclphia and has hC"u connected Will
' the reform forces in that city.
INA BOBAR.
RtRT BALLARD,
IpV, Il la,