Turpen v. Booth

Morrison, C. J.: The complaint in this case avers, that in the month of March," 1877, the defendants, and each of them, were duly, legally, and in the manner and form prescribed by law, regularly impanneled and sworn by the County Court of Stanislaus County, to serve [66]as grand jurors for tho term. Tliat they, and each of them, took the oath prescribed by law, that “ they would present no person through malice, hatred,, or ill-will” but tliat notwithstanding said oath, the defendants, and each of them, willfully disregarding such oath, and being actuated and influenced by a desire, and with a determination, to forever blast, tarnish, and ruin the good name and reputation theretofore held and enjoyed by the plaintiff among his fellows and acquaintances, did willfully, wantonly, and maliciously conspire together, and under the pretense of doing and performing their duties as members of said grand jury, pretend to receive and hear evidence against the plaintiff in a certain matter wherein the plaintiff was charged with illegal voting at the general election held in this State on the 7th day of November, 1876. And after the hearing of such evidence, notwithstanding they, as such grand jurors, were positively instructed by the law officer of the county that no indictment could lie against the plaintiff upon said evidence, and that according to the evidence no crime whatever had been committed, and that no conviction could be had thereon, and notwithstanding the fact that no evidence had been produced, testified to, or heard before said defendants as such jury, in any manner implicating the plaintiff in the commission of said or any crime, these defendants as such-grand jury, collectively and individually, willfully, falsely, and fraudulently, and without probable cause, and being possessed of actual malice and ill-will against this plaintiff, and for the sole purpose as aforesaid, corruptly did pretend to find a true bill and indictment against this plaintiff for falsely and illegally voting, etc., and such indictment'was duly presented by the foreman of the grand jury, and was filed according to law.

“ That said defendants, as such grand jurymen, well knew at the time there was accessible to them an overwhelming amount of testimony which would clearly show that the charge of illegal voting against this plaintiff was false and malicious, and without any foundation whatever; but they, so that they might the easier carry out their malicious design upon plaintiff, willfully and maliciously refused to call in or hear said testimony. That upon the indictment so found and presented by the defendants, the plaintiff was tried and acquitted, the trial jurors not leaving their seats.”