The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-24
FALSELY ACCUSED.

TIE SUIT OF MRS CARRIE L.. DAVIS AGAINST
JOHN DANIELL FOR TEN THOUSAND DOLLARS
DAMAGES.
damages from John Daniel, . Broadway merchant,
for falsely accusing her OF the THEFT Of steel purse,
causing her 10 be searched and keeping her under
duress for about an hour in hts STORE was continued
on trial yesterday, before Judge Van Hocsen and a
Jury, In Part / OF the Court oil Common Ploas. The
plainlf was represented by Chaunccy Shafer and
the defendant by b. y. Watson counsel. The case
attracted 10 court unusually large audience OF very
respectable appearing persons OF both sexes.
PLAINTIFFS STORY.
Tho plaintiff in the case who had broken down on
the previous day from nervous prostraton appeared
IN much better health, called to complete her
testimony. Her evidence was IN substance the same
as that OF her r, already gwen in the HERALD,
with the additional statement that when they lett The
store Daniel, The defendant, accompanied Them 10
the door and expressed the hope that they would
again visit his store, the timc assuring them
that tncy would always DO well treated Mrs. Davis
rcplied that she would again enter his STORE
and that the clerk, William Davis who had made the
false charge against her. not acted the part OF
gentleman from the beginning.
HER DOCTORS TESTIMONY.
DR.. Frank Nichols, oil Hoboken, the lady's attend.
ant physician, and Dr. James W. Ranney OF this city,
OF health Thoy both concurrcd IN the opinion
that present i'll health was the result OF The ncr
vous winch she received at the time OF tue acts
complained OF In her complaint that TOR those
occurrences she would probably to-day be well
woman.
The for the defendant was then opened by put
tiEg Mr. DANIEL himself on the witness stand He de-
nea tho material facts which the plaintiffs ac-
ton based. His story was that on the
day In question he was engaged IN another part
OF his store no informed that
there was loud talking at tho peck book counter.
He ent there Directly and found Mrs. Davis ana her
mother Mrs. Mcpougal botn were excited, and
W men he vas informed oil the charge Mrs. McDougal
requested that her daughter DC searched He replied
no. that would trust her lace with all the pocket
books in the store. But as the store crow ded
aud the afar was creating some cominotion, no told
his superintendent Mr. Mills, 10 take the ladies INTO
pauy with the superintendent, and he went
back 10 speak TO some ladies' from whom nc
had parted ABRUPTLY. In lew minutes he went
TO the passage way and found one OF bis saleswomen
in the act searching Mrs DAVIS ana at stopped
it. AS he turned TO come out he met another saies-
woman, named Goodwin, gong IN, aud was mi formed
by her that she Mrs. DAVIS to be lady, amt who
ate deu the same cpurch with her That all lie
said hc had 10 do with affair, except accompany
Mrs. Davis her mother TO tue door as they lett the
store. He was IN conflict with the plant0 and her
mother AZ TO what they claimed he SAID IN reference
10 and the expression that he did not caro-
II she the Queen Of ENGLAND. He admitted
that II after mother invited tho search that
he told the superintendent 70 take thom into
the assage way and compose them, but could not
explain TO one oil Inc Jurors now bne laulcs came ~
searched his subordinates alter he had oroid-
dcn il. He denied that he had any III his store
whose duty II was search suspected parties, and
serted that the plaintiff and her mother could have
lett the store any time they saw III 10 do 50.
sRARCHER.
There was thon read the testimony OF Catharina
Mary Rose, the empoye, wno did tho searching. She
aaid she mad been down STAIRS 10 lunch, ana
ON her way up TO The store found The plain
tin aud her mother, accompanied by empoyes
OF the establishment together IN the pas.
sage way. Alter request to that elect
by tho planii mother she ordered by some one
search the plaintiff and had only taken few small
parcss out her pockets hen MI Daniel came In and
ordered the search stop. Plaintiff and her mother
subsequently, went down stairs 10 the lunch room IN
company with Mss Goodwin, the young lady who
recognized them. and there the mother bathed the
face OF her daughter who had been crying. and tired
to compose her. the mother there admitted, the
witness said that Daniel not 10 blaine, and that
all Tho blame was due 70 tho clerk, DAVIS, VINO made
the false charge.
DAVIS who is co-defendant the suit, has mot put
in any answer and hitherto not appeared as wit
ness. Daniel says he discharged him on the very
night Of this but Il IS insisted on the other
side that this only done because the husband Of
the plaintiff won't 10 the store that AFTERNOON and
seek redress, and that all the discharge
amounted 10 10 tranfer Davis 10 the employ OF
Danieli's tread Macy Tor mere appearances SAKE Tho
case 4