The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-28
THE DAVIS-DANIELL SUIT.

PLAINTIFF OBTAINS A VERDICT FOR ONE
HUNDRED AND FIFTY DOLLARS DAMAGES
THE SUMMING UP AND THE CHARGE.
The closing scenes in the trial oil the suit brought
by Mrs Carrie r. Davis against John Daniei before
Judge Van Hoeson, wero apparently OF the same In
tcresting character yesterday as on previous days
The usual crowd augmented by the presence of
numerous ladies' who had appeared former &C.
casons and listened 10 the imprisoned speeches
OF counsel and the grave remarks OF the Judge
with great apparent interest Throughout the entire
day the nu.tcr OF fans aud waving OF bright ribbons
was an and prominent feature of the trial.
Mrs. Davis, who had brought tho suit against Mr.
Daniel TO recover So 900 damages for subectng her
10 tho ndignty OF search, sat Immediately behind
her counsel and beside her mother, Mrs. McDoIgali
As will be remembered, The testimony was closed on
Friday, and yesterday devoted 10 the summing up
and tho charge 10 tho Jury.
SUMMING
Mr.. Benjamin +. Watson, counsel for Mr. Daniel,
referred to the conduc, Of Davis clerk the wit
ness stand. lie said that ne (Davisl twas not to
judge OF the and motives Of the TWO ladies',
who were perfect strangers TO him. What would tho
Jury REQUIRE the young man to do under the crcum
stances when the purse was found missing and Mrs.
McDougall demanding that they should both be
scarchedY not accuse innocent woman and hcr
daughter OF thenY The defendant did not put Mrs.
Davis in prison. On the contrary he said she should
not be searched, and :hat he would trust her facc
with all tho purses and pocKetbooks in tho
store The testimony as 10 tho search, Mr..
Watson argued, was very Inconsistent The blain-
M said ns shock oau s ne herr susDasa
dinner that night he thought SO much OF MS WHO'S
dangerous condition that be went TO church, where
he stayed as late as eleven O'Clock. Mrs. McDougall
concerned about her daughters health hat
she did call upon her Tor over month after tho
,t,bA ~ ThA ntu Rua n
quence at she would not swear positively she had
not been TO New York within week after, although
1t severe winter weather. me Jury's verdict
sad Mr.. Watson, would havo electric effect upon
the drooplng condition Of Mrs. Davis no matter
"I Alter Mr. Watson had concluded Mr. shafer arose
and contended tnat the flavor OF the case IRON tho
ness impeached himself. Mr. Skater rehearsed somo
OF the testimony OF Daniel and his manner OF giving
Queen Victoria Just as though would allow him
10 look at nor through spygiass. rhey had all been
s Summation Ito they stumbled ana Numbered uni,
they broke down. The counsel compared them 70 Inc
tumble Mr.. Shaier then spoke OF the "aw!nl dig
nnyn Of the witness Davis and the conflicting state
men,s OF Daniel and other Witnesses examined. lie
insisted that the search was conducted ana supper.
vised by Daniel and tho jury should find verdict
for tho plaintiff according TO the evidence
JUDGE VAN HoEsEN's CHARGE
After Judge Van Hoescn commenced to
charge the jury. He said
Ii person restrained that no is not at liberty to
another he !. mp,sncd though ne so not n custody q
hsss mo n sa 81 A an been ss
search was actually made One question: therefore viii
.he. va; Gree G an ssaSsoa o.
Davis Of the privilege TO leave the store she had
the surrounding circumstances we're such lead Mrs
Davis oeisye that size Would not be Leave
q tho law as much =. M .hs had been
aegr nes ~ as well
is
imprisonment IT, o. the other hand person wno = ae
to aom search tor NOT the 70, R .ns
pals d aSsriing arrest there
VIII ana II .e, be NJ ss"n n, the w
be searched TO simbiy avert suspicion here Is no as
:" the search is su.pcion the
sonssn .@an the .s Who
stitutes the Imprisonment and the assault Furthermore
ap nc,ds OF ssans The law 200. not
strong lis Suspicion may be. private person
lawfully det.in any me upon spieioa merely, There must
tatnsy OF quit % warrant private person in making an
sspcin merely Violates pee law ana liable to damages Il
is always IN The discretion Of the jury to look a. al tue
under which he arrest made and 70 nrapor
OF the accompanying md making y an unawiul
yourselves :ua Mrs. Davis submit to this search
to be arrested ~ the same timer DID sac submit
suspicion the suggestion OF her mother Did she sub
INK circumstances that .hs would be cd TO eave
the store Dd Mrs Davis
be searched Tor the purpose OF vndcatng her
character and at her own suggestion or di sac consent
because sae believed had reason 10 bceye from the
circumstances that surfoun her that she woud De
evc herself from suspicion ~ IL the search
the mother nnd consented TO by MIS-
Davis for well grounded OF arrest Dut Tor
purposes avertng suspcioa oil vndicating her
had the
OF avoiding proDaD ana " that search
ordered directed or sanctioned ny Mr. Daneii then the
plaintiff viii 90 entitl d 10 u vesdct.
In advefting to tue question OF damages Judge Van
M that tll.srey N uel ~ A.
without excuse The plaintiff Is entitled 10
| damages Exemplary damages, he said, should
DE given unless they were satisfied mat there
was malice, fraud, iath or reckless oppression
on tue part Of tbs party who committed tue inJufy
Ii they satisfied from all the that
DANIEL did act IN good latin, but that nc acted
with reckless disregard OF the piaintih's rights
| ana of ascertaining VINO she was--i wahton disre-
gard 0f her feelings and her rights as mcnocr oil he
comm unity-it Was IN thcir power TO give Whatever
exemplary damages they saw M. III they believed
that Mr.. Dauiol acted ~ good iath IN orderina ihn
arresl-ii he did order t-tnd that tue crcumsianc
were sLch as woud warrant "A lar aud canald person
strong suspicion, those facts should bc
sanctioned the he was liable III some damages,
| but the amount OF such damages depended on the
| spirit VIII ch had actuatcd hun.
VERDICT.
/ AZ the conclusion OF Jugge Van Hocscn's charge
the Jury deb.ratei Tor about three hours
About na-past nve O'Clock tncy returned with YER
uct Tor $3.50 Tor the psant. The verdict, although
q surprise TO every one. was grumbitnsiy acquescod
In by bon the opposing counsel although Mi. Shacr
charact erlzcd IL US un courage on CIVILIZATION"
/
/ THE OVER\AlE.,r AND IMPORTERS.