New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-03-14
THE COURTS.
THE PERUVIAN GUNBoAT CASE.
JURY ASSAILED-EXTRAORDlN DAMAOEo-
M

A Jury AssALED-EXTRAORDIN DAMAGES
A GAMBLERS REPUTATION.
The suit of Antonio MILAN against Capt.
John Graham, which tried in the Superior Court
few weeks ago and resulted in verdict OF $4,000 for
the paintif came up before Judge McCunn yesterday
on motion TO set aside tho verdict on the ground OF
excessive damages. The suit which occupied two weeks
in trying was brought damages for the false
arrest and Imprisonment OF the plaintiff growing out OF
negotiations by him with the defendant for tho
purchase OF roncads for the use OF the PERUVIAN Gov
ernment then at war with Spain John Graham couh,
sci for the defendant, said: This Is an application 10
set aside the most Infamous verdict that was ever ren
dered in court OF Justice, ana the ony "oneI 70
me was ibat the ~ men who had the audaefy
10 render il we're not proceeded against for conumaey
The counsel, continued Mr.. Graham, very tr1umphanty
AFFIDAVIT he false by the evidence wbeh he caused
TO be procured from Peru from Duncan sherman 20
impeachng the character OF Milan, ana showing MN 10
be gambler Capt. Graham swOre IN ms aldaNlt thaC
relying upon certain representations 70 te eect tnat
MILAN was a Of large property, he yielded 20 the
persuasion OF MILAN to enter into these transactions
with him The information from Peru was that Don
Antonia MILAN was known in Lima as notorious gam
bier aud though supposed To- have some means ~ not
safe person to sr dfsl T Now Won this "noto
rious gambler" has recovered Sl3VO IN a
This morton il based upon Section 2c Of the Code, which
saws 1.-THE Judge who tries the cause may IN his dlscre-
set aside the verdict and grant new trial upon eAcep
tons or for insufficient evidence, or Tor excessive ua
ages etc" Counsel gave his three grounds for his mo
ton; first. That the arguments OF plaintiffs counsel to
the Jury were Of visionary character and tue jury
must have Intentionally recIessy closed their eyes
and cars 10 tho faaeOsness and unsOuDdness OF those
arguments Second That the jury paid no kind OF re-
sect 10 the charge OF the Court in important
third That the damages embodied m the verdict were
almost eOntnmacious the Court and exhibited an aD-
sOlute disregard and defiance OF their Oaths.
Counsel read part OF the charge OF Judge McCunn TO
show that the jury disobeyod his command 10 ma rea
sOnablf damages" - -. -,
MIR Fullerton for the plaintiff MILAN. argued that his
client came the best OF motives, ana naturally
sought out Capt Graham whose name wac known IN MS
country as an extensive shipOWner, with whom 20
negotiate for vessels IN the navy OF the enemies
of has country What did Capt Graham dol AFTER pos
scesing himself N this $4,000 OF the plan money,
after Tho rupture became open between the two, ana
after MILAN had demanded his property and taken legal
steps u recover il, then he (GtaAan 10 dlYe Midh
out OF the country too FAR away to moet nm or strlEe
a blow against him--went into Court made falfe am,
dayit charging that with false representations ana
procured his arrest and incarceration Tor II aays.
There is one conclusion from which your Honor
cannot escape, that II the Jury believed the
evidence upon the part Of the plaintiff in ms case they
were Justified in rendering their verdict ana the amount
OF il furnishes another evidence that they were acateh
by no motive which would not be- approved by the law
nsef Mr.. MILAN wei known in Lama, ana II the
fact OF his Imprisonment by man so widely known as
Capt Graham reached the OF his acqualntanceS III
Lima very great injury would he done 20 his reputa-
ton "A 10 the fact OF his being gambler gambling
was bore aud Mr. Milan assuming IL 10 be true that nc
was a gambler sill entitled " our respect ana
should Just the same as should ceLlalh CoI
gresham who keeps gambling house In New YORK ct9'
IL he were a defendant in similar SUIT Decaloh to
served.