Old Connecticut Trial Justices. pressly or impliedly authorized or justifiable as privileged should be deemed to be a violation of a right. It has also to be con sidered whether any repetition will amount to a sufficient publication so as to constitute an invasion of the right to privacy. It may
501
be that we shall have to recognize the neces sity of special damage which may include in jury to the feelings, to render the publication actionable. But we can feel no doubt as to the recognition of the right itself. — Madras Law Journal.
OLD CONNECTICUT TRIAL JUSTICES. ONE of the most popular justices in the early history of Norwich, says the "Hartford Times," was Richard Bushnell. In fact, he was a man prominent in almost every enterprise that was set on foot in the place, as he is recorded as having been townsman, constable, schoolmaster, poet, deacon, sergeant, lieutenant, captain, town agent, town deputy and court clerk. Cases were brought before him from Windham, Plainfield, Canterbury, Killingly, Preston, North Groton, and North Stonington. The record of these is interesting as showing the state of the local conscience during those early years. The frank sim plicity of some of these quaint records ac quaints us with more than the mere judicial side of the public life during the early part of the eighteenth century. "3rd of June, 1708. Joseph Bushnell of Nor wich complained against himself to me, Richard Bushnell, Justice of the Peace, for yt he had killed a Buck contrary to law. I sentenced him to pay a fine of 10 shillings, one half to ye county treasury and one half to complainant." "July 20, 1720. Samuel Sabin appeareth be fore me, R. B. Justice of the Peace, and complaineth against himself that the last Sabbath at night, he and John Olmsby went on to Wawecoas Hill, to visit their relations, and were late home, did no harm, and fears it may be a transgression of ye law and if it be is very sorry for it and don't allow himself in unseasonable nightwalking." "An inferior court held at Norwich ye 19 Sept. 1720. Present R. Bushnell justice of ye
Peace. Samuel Fox, juror pr. complaint, Lettis Minor and Hannah Minor plaintiffs, for illegally and feloniously about ye 6 of Sept'r. inst. taking about 30 water-millions which is contrary to Law and is to his damage he saith ye sum of 20 shil lings and prays for justice. This Court having considered ye evidence don't find matter of fact proved, do therefore acquit the defendants and order ye plaintiff pay the charge of Presentment." "May 6, 172 1. A complaint was entered by the constable against Samuel Law, doctor, for profane swearing; he was fined 10 shillings." On one occasion an Indian having been found drunk was sentenced by the justices according to the statute to pay a fine of ten shillings, or receive ten lashes on his naked body. The Indian immediately accused Samuel Bliss of selling him two pots of cider. Now the fine for the latter offense was twenty shillings, one-half to go to the complainant. The Indian thus obtained the exact sum necessary to pay his fine. But we will let the justice himself tell the story: "Feb. ye 7-1 722. Apeonuchsuck being drunk was brought before me R. B. Justice of ye peace. I do sentence ye s'd Apeonuchsuck for his trans gression of ye law to pay a fine of 10 shillings or to be whipt ten Lashes on ye naked body, and to pay ye cost of his prosecution, and to continue in ye constable's custody till this sen tence be performed. "Cost allowed 6 shillings 6d. "Apeonuchsuck accused Samuel Bliss yt he sold him 2 pots of cider this afternoon. Mr. Samuel Bliss appeared before me and confessed
