The New York herald., 1877-12-08
THE COURTS.
The Perils of Shopping Wv
idly Illustrated.
How Two Ladies Were Treated
by Suspicious Clerk.
AN AGED LUNATIC'S HEIRS.

case OF pcculiar hardship to two ladies' OF evident
rsspcctability came up for trial yesterday. before
Judge McAdam ana jury. In Part oi the Marine
Court The suit brought by Mrs Lavna Doughy
10 recover from James McCreery and Thomas Rosen-
lar composing tho firm of McCrccry Co., tho sum OF
S. 600 damages false Imprisonment and malicious
prosecution. Tho story told on tho trial BY Mrs.
Doughty and her sister, Mrs. Nary Hass, who has
brought similar suit, that the oath OF March,
1876 they together into tho storo OF McCrcery
Co. to do some shopping They had approached tho
counter at which towels and table linen
arc sold, when Mrs. Doughty had hor alton
ton attracted by some towels with q rod border
which she thought would match some she had at hof
home At that moment she became separated from
her sister, and having taken up somo Of the towels and
looked at them sho turned around with them in her
hand attract tho attention Of her sister and
cause her to look at thcm. she had but just turned
around when sho seized by some ono from behind
and turned back again. She at realized that shc
had bcen seized BY who subsequently proved 70
be loorwaiker OF tho store named Warren, who i'm
n,cdiately called another 1oorwakcr named Jackson
and both together her and her sister into back
room, but partially ghtcd There Jackson both sis
tors admitted IN their testimony behaved IN
comparatively geptlemanly manner, while Doth
concurred IN denouncng tho conuuct OF war
having been rude IL the extreme
He searcned both ladies' In manner winch
shocked them for goods ho pretended tney had con-
ceaed their persons Tor what are known as
sliit, pockets which indugcd IN only BY profess
sonal shopillers. He opened the plaintin's satchc
anu finding sonc OF her cards therein, charged hcr
win presenting false names Seeing her pocketbooK,
he charged IL us being stolen from their
store In company with a satcpel about u week pro-
vlously and asked her where ner pawntickels were
In vain both ladies protested that they were respect
Ablo, that thcy had stolen nothing ana hnd intended
10 steal nothing and imporod Warren to SEND Tor ME
McGreery send TO tner homes, tho addresses OF
which they gave aud become satisfied OF thor entire
responsibility. Tho only response Warren made 10
a lntlnh nt thnp anhf gnfn hat
Mr. McCrocry very tendcr-hearted man; II she
would admit that she intended to steal the towels
he would probably not prosecute her. Tnis she OF
course refused and JACKSON having previously rctired
Warren marched both ladies through the
10 outside door, whore Jackson had policeman In
waiting 10 take them into custody Tnoncc thcy were
brought through public street to tho station house,
but found nothing tending in way create susp
OF tncr honesty In the station house they wcro
ocked up in damp and separate cells, ana Mrs
Doughty could sister weeping all night. Tho
following day after having been submitted 70 tho scru
hny OF number Of oorwalkcrs called in from other
stores, but without BENG recognized by
any, they brought before Justice Nor
gan, and, there being no evidence against
arrest, wnioh the forenoon Of one day, until
their discharge, the aitcrnooa OF the next they
we're without food and to this they nddod, part
their wrongs their ialsc arrest tho nligny their
search their pubic parade through the streets, thor
Imprisonment over night san, their marcn through =
beng huduled into the common prisoners pen, for all
OF which they demanded $4,000 each as damages.
After two ladies had gwen their testimony, OF
which foregoing is tho substance, tho for tho
plaintiff was closed. and counsel for the defendants
moved TO dismiss Inc complaint on the ground that
the defendants in the suit, Mr. McCreery and
his partner, had not been shown to nave either
authorized approved the OF their employees
This motion tho Judge compelled 10 grant, ho do
cidng the law tho OF tho hoorwalkcrs,
absence OF the defendants could not bind the
defendants unless previously authorized or atter
ward approved OF SAID acts, OF which there was no
evidence, and that noorwaiker is NOT in virtuc OF
his employment implicdy authorized to do illegal
acts which the employers themselves could not law
fully
rhe Jurors who sat this trial evidently much
disappointed being deprived OF the opportunity OF
recording their dsapproval OF the treatment OF tho
two ladies' In the OF q verdict against somebody.