New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-10-18
SUIT FOR ALLEGED MALICIOUS PROSECUTION.
Jolrn.H. Riley art. John 4. Jcifcrs.

JolnH Riley art John 4. Jcfcrs
This action was brought BY the plaintiff to recover
damages for an alleged malicious prosecution The painful
story told by himself and corOboTaed IN se3t par y
other %i,nossC ot on sd 'ES being kecp OF
restaurant-in somewhat intoxicated condon thet nc
cacoo oysters and Gftcrward fora stew with when he
was served the Plaintiff then asked him for 30 cents when the
defendant toward the oyster bar and got INTO dil
outr with Mr. lIavaner who struck him the face draw
ing blood person in the mr. McioEan) suggested
that i be owed the plaintiff any hng snS nd eSG moi c S of
his vest and handed it to the plaintiff who said ne
did not want his vest, hnt payment and s9ggss st
some money searched the pockets and found nothing that de-
PENDANT aud returned In few minutes WIN o
lice officer who arrested laynner for the assault for winch nc
uus neTSard fined that the 18th Of jgy TIE Plaintiff H.
cci,ed SUMMONS to Jefferson Market aud on attending there
Inn r grand larceny Of Gvest wa'ch chain and seal hn on
of January The defendant called at c pninin saloon
ard asked for his vest which The pi9t oed 10 return on
payment OF the 40 cents Down to this time the pnth had
beard nothing OF Tie Tsea chan o. ' nm Nj T"
who had there aud offered Ia his a but Owning no
Justice refused ~ ad refused also !" fccet 1~l' o "
by Fox and 500 by the pfntih security INST Mt ha
pine was then who arrived about o'clock when jus
tce Doiev though acquainted with Mr halpn refused 70 nc
cep his bail IL being eitcr Office ours The neS day he IVES
bacd aud heard 20 more OF the uhtiei u his case vas
This story was confirmed in part BY the testimony Of Ne
DOHOagh NcOwan, Ilayane and the plaatihS cook rs I"
and Mr. Hapine 20 what occurred 1T the Poic3 Court
the defendant and two persons no knew hM were
called to prove they had no watch or chain On him
Tn the other hand Justc Dodge and the two clerks OF his
testified that there nothing unusual IN the pl1ih
the Court and hr the rough language attributed
10 him had not been used 10y him.
The defendants story that he had been drinking
somewhat freely when he went 20 tc sno0n That he called Ter
oysters there and after eating them m asleep that after some
time he reused mp very roughly ly the plaintiff who de-
mandcd his money; that feeling for H. he found gone
that lac then set upon aud struck by somebody IA
there and Ordered 10 give Up bis vest that when taking on
his vest he felt his watch IN the pocket when the plluh
violently suatclcd II FROM him; that he then went md called
policeman and the day called To get his Nest aud wneh
and asking them told would be long before he saw
them again; and that he had made bis complaint in good faith
believing plaintiff had taken his watch from him Friends
OF lis testified that they had him just before this time with
and chain but appeared That he had stopped else
where before going 10 the plaintiff saloon.
IL further appeared that Plaintiffs saloon was kept open late
al night Tut that II not dsorcry thnn other public
houses.
Strong evidence also put in of the plaintiff good char
aeteT.
This closed tho testimony and the Court then adjourned