The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-06
Marine Court-May Tern.
Before Hon. Judge Phillips.


ACTION FOH MALICIOUS RHObkCUTION.
NAY t.-Wlliam Mason and Nary his ,vifs, dgt.
KecAam Ro,cand and Mary his ie-This is an action
commenced by plaintiffs to recover damages for the
the plaintiff Mary charge Of felony, made by and at
the fnstigation Of the defendant Mary Rowland
an hf
once for domestic, and that person called Mary Jones
made application for and obtained the stuation-that
she disappeared taking with her valuable articles
Of ewely that immediate but unavailing search was
made for the thief Matters thus stood until the month
OF August last when Mrs. Rowland in company with
other female Mrs Mason, the plaintiff in the street.
immediately charged her with being the thief and put
y III 70
next day held to bail BY the late Justice McGrath 70
answer the charge That upon the evidence Of the de
offence and afterwards the of the indictment
in the Court Of Sessions was acquitted by the jury with
out their leaving the bar At the time Of her s.rss and
her innocence and it is clearly proved that she
married woman, and having lost her first husband
ago-that from the death of her first husband she lived
the floor with her mother and had lived
at service and assists her husband in the support Of her
family by making fine shirts and pantaloons and that
the time her arrest she had infant three months old
which brought to her at the station house.
there very strong resemblance between the person
calling herself Mary Jones and the plaintiff This fact
testified to by the keeper Of the intelligence Office
the clerk of the pawnbroker who received In pledge
Of the property stolen by every person living
house then occupied by the deendan-some Of the wit
Desses going SO FAR as to say that they stu believed the
called Mary Jones and the plaintiff Mrs. Mason,
to b one and the same person.
For the purpose Of proving malice the part Of Mrs.
HSs Mason was acquitted BY the jury Mrs.. Rowland
after leaving the Court room with her friend went
the plaintiff and shakng her finger in her face said n
BY TIE Court Phillips J--The law is too well settled
now to be questioned that In order to sustain action of
lively prove the want Of probable cause INDEED this
10 the very gst and essence OF the action 1t also well
settled In this State that the acquial of party
indictment is not primd dce evidence Of the want
Of probable (6cott Simpson Sand Rep. 601 ;
Scott vs., Ely wend 565). No action lies against a
not ground for the accusation 40 John 100
Cowen 7l6). The question Is probable cause p
answered by the Court in DEMO ei7 where IS ie
fred to be "a reasonable ground Of suspicion supported
by circumstances sufficiently strong in themselves to
warrant cautious in the belief that the person
IL ne
picion backed by the circumstances referred to The
defendant robbed-she meets person in the street
who she firmly believes to be the thief-nor Is she alone
In the belief every perssn who had the opportunity of
seeing the person who perpetated the felony In
the statement that there very strong and
of them still insist that they and the
person. am most decidedly of the opinion that there
has BEEN in the arrest and prosecution Of the unoru
nate plaintiff most amentable mistake. or her entire
innocence Of the crime OF larceny or any like offence
have not the slightest doubt, but even mistake will
not sustain an action for false Imprisonment. (Burn-
knihc ". purnn8hme, otoW ia) motiVc5 ol puo-
lie policy person making accusations for criminal of
fences il protected from annoyance by suits when
there reasonable ground for the acquisition in other
words II an action is commencedS unless the party
proves that there utter want OF probable cause
and sequenty malice the part of the accuser the
action must fail Many strongly question the equity OF
this stern rule but the law Of this State is yed this
subject leaving discretion, and must be enforced
All laws OF general utility In some cases bear harshy on
individuals yet this must not interfere with proper en-
forcement OF the principle great hardship and wrong
have been sustained by the plaintiff She has submitted
70 the and ignomny OF Incarceration and the
expense incident to trial charge for felony I'm.
ured in cell her infant shared her confinement sle
have suffered the nfamy which always attached TO cr
inal accusation and which be removed
by the verdict OF acqaital Mt the hands Of jury
OF her country While affirming 10 the most positive
my belief in her innocence compelled en-.
forcing the stern and inhexbe principles established BY
long series Of decisions Of The Supreme Court TO order
judgment for the defendants with costs to be taxed
I'm. Atsirscn and Jas y NcHdnrus rs John o'Ccr-