The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-12-17

| such acts, statements and conduct OF
/ the defendants Immediately following
Information received by them OF the
| marriage Of the plaintiff and his wife
proceeded spontaneously and natural
iy from the fact that knowledge of
( the intended marriage on April 20,
1913, was withheld from them, and
were honest expressions OF the feel
/ tngs aud opinions of the defendants
as members of the family Of the plain
! tiff's wife, under the circumstances
under which. as appears in the evil
/ dence, they received Information of
| the marriage, and that after the
| plaintiffs wife left the city Of Rich
! mond the defendants did nothing fur
| Their to keep up the separation than
10 give the wife such opinions, advice
| or assistance as they honestly be-
| iieved were for her best interest or
welfare, then the defendants would
not be liabtc.
But If the jury believe from the
! evidence that such acts, statements or
/ conduct of the defendants or any one
/ or more Of them, were not honest ex-
/ presslnns Of feelings and opinions of
/ the character above stated, but that
such acts. statements or conduct and
any further opinions, advice or as
( sistance given or rendered to the
/ full intention on the part of one or
more OF the defendants. with malice
( towards the plaintiff, to cause the
plaintiffs wife to abandon him and
remain away from him and SO to de-
prfve him of her affection and of the
comfort and solace Of her society and
| they did cause the wife to abondon
and remain away from him, then such
! defendant or defendants would be
liable to the plaintiff.
Question of Motive or Malice.
g. The Jury is instructed that the
family relationship between the
plaintiffs wife and each Of the de-
PENDANTS Is a fact that is material
ON the question of motive or malice.
In the eyes of the law a parent, sis
ter or brother, In giving advice to
the wife Of a plaintiff, does not stand
in the same position as an outsider
might stand. The motives of each of
such relatives are presumed by the
law TO he worthy until the contrary
Is shown Bad or unworthy motives
must not be presumed. They must
be shown positively or be necessarily
&eduCed from the facts and circum-
stances proven by the evidence. The
burden of proving that they were
prompted by bad motives Is upon the
piainIiff, The extent Of this burden
IS to prove that the advice was ac-
Juated by malice and Of overcoming
Lea uodrr tha inf}uanre IF Natural AZ.
lection ana for tv,at +be,, each ha-
i5D,,ea 10 he for he real GOOD re the
rlainfiff,e ,pifa IT, fact +s7a+ snrh
,d,-Irn If n he q fart vas nadr mon
mlstak premises, or upon false in
formation or was unfortunate and un-
wise, Is immateriai. if they honestly
gt,on M fo, nor ~, inte,as,
?. ne Jury - fHitlef nlSlE ucteu
'''al 'ne P'a.htIti rs NOT efIleo 20 d
HeIdi1t mercy because thty may pc
.tc' from Tue sIeat%t "eIsh1 q ti'e
/ |N'UehN' thdt me "'ieauahlS OF any
one or more OF them py ccuhselhhe
or ADVISING 'he piaRah" Nie' caused
iei 10 remain AWAY it"tn MN amen
LOU We oiNcNtioii7' Pe'Nu'oeV an" ~
yucca her not to i've with him, but
'Af jury Hih@e bci4'No from tiio
greater "ei2nt OF me FNidtilce that
III >" tpai'StAiths or "oNisthR 'nt5
"t,V act"aica o'ii5 ~ faahoc or HI
were
MOI moved oF L dtslIe Tor the wei
are ana haPp'neSs 81 the piaihflll
VIE OF the Ha"4hty o. the De
remnants or any one OF tRem does
not depend upon Whe'hef tht separa-
uoh resulted whohy or IN lart from
VI" @uNlN" Hicii any one Ga thells
may nave gwen eut aiso upon the
hiotiNe win "n'eh II was sven
Ench OF the aeIehdahts had IN law
inc liSht. I" give 70 Her SuCh ADVICE
"ii"- ~ pliiS aoth means o. PelSua-
SION or ihoucetheill 70 pea upon her
as s"ty l"'f12 anu HoheSHy coHsid@
eFed 10 pe CaI4ed LOT py heI best IN
1efests, ana on one OF the ceiend Giants
~ Aapie LOT hef leaving the piahtiH
IA consequence lnefeol unless ne or
sHe was aCtU0ted ny nance or III Will
towards inc Pla4htin anu Lou oy a
proper re6and IGF her "eiare ana
nap plheaS' me oaTaeh u upon 'he
rpts I,rf also Of oyertnmiosr th,. Drn-
Nuiipti"f. w Ia" II, .hVaf '"Nof ~ 10
,'Sh hi",' ala "iao VI Z. -@'is p'on
ing that ulCS were acthateu ~ LA VIII