The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-05-28
DAMAGES GIVEN MRS. DAVIS
PROTECTION FOR RESPECTABLE no
MEN OUT SHOPPING.
There Must he Absolute tninty or Guiit to
Warrant Private Person in Making nn
Arrest-Thc Law the Right of Search.

There Must he Absolute Certn ninty or Guiit to
Warrant Private Person in Making nm
Arrest-Thc LAW ON the Right of Search.
Tho lawyers summed up yesterday in the
suit OF Mrs. Carrie Il. Davis against John Dam
iell. dry goods dealer. Mr.. u. F. Watson. for
the defence. spoke Of the recent forty-eight
hours imprisonment Of Mrs Coles. and OF
other cases in which respectable women had
been imprisoned. Nothing OF tho kind. he
said. had happened in this case. Mr. Watson
then reviewed the testimony. and said that Mrs.
McDougall the mother Of tho plaintiff, had de-
manded the search. and that Mr.. Daniel per-
sonaly was unwilling to havo n search made.
Mr.. Chaunccy SchafIer replied and Judge Van
Hoeson charged the jury as follows:
Iancrsons restrained that he Is not at liberty TO
act be peacs by reason Of authority exercised by
occf and though there Is actual taking hold Of his
ehsn np @ ,n9t oE an % nrrfsl 81 @
until ne search was actually made One question there
hbiiiGI q force on the part Of NJ Daniel which de-
ShScn Ss paw @ yFS to sSy The Grf f ,s ne
rounding circumstances were such to lead Mrs Davis
o store pnd She SYd had sab%,sa ne 10 70 SrcS
as @ s ha9 Scc actually placed amPr:G@dfS IN PeasodS
q an officer The custody Of oecr is 10
a yatc inlyidasl a;we as By police ollcer 4 !, be
ment H. on the other hand person who accused OF
or.eny or any ether offence oers y9qn'@ry 70 submit
n1 m 9T e pupo & 81 yerps AVE- he arrest @ There
upon The will and II be the voluntary proposition Of
The party accused to be .eqrched to simply aver, sqs
SgS, T. G G;qbmi!ns 70 The .eaTeh is not to avoid sa
who is searched and the search constitutes the
private person Is AT liberty to make upon
person 10 maze an arrest NO mater low srons his ,as
ncion may ho private person cannot lawfully deian
suspicion There must be absolute certainty guilt
although inprisonmcnt may not be Jushded although
privs.e Rerson in making an arrest upon suspicion
Away. in ,s s,sss AZ Jury 70 i9Ss a. a. M slr
portion the damages according the extent Of the enor
mly 9 The outrage ACCOMPANYING aud making 1t an un
ggyes bsT be- sP PTpSsPc'& & e h' . ySq S AK
be arrested al The time Did she submit to this or
le purpose u clearing her charaesr from suspicion at
restheeane she apprehended from surrounding circum
store until the search was msiei ID Mr.. DAVIS con-
sent 10 be searched for the purpose Of yindc her
because she trSyei or hnl r,,gn e. believe nom the
relieve herself from suspicion II the search was male
Davis not Tor We'll groanicG srprchenson Of arrest but
ior the purpoeso OF s,eruhi suspicion ana Of indicating
On the other hand. Mrs DAVIS lad consented to the
% sna s, cSi s wa oec ,odH1 dcI SAsI or SneoSsd
ei Mr. nnniell then The plaintiff VIII be entitled to YER
er excuse, the rlanun IN n suit Is entitled TO
unes. the Jury satisfied that there malice fraud
bad faith reckless oppression the part the party
who committed he injury u YOU are sat-hed from si
inh but that hc acted with ArccAcs, disregard the
plaintiffs rights and of ascertaiuug who she was-a
wautOn disregard OF her feelings aud her rights
Der ui the comMunity-is Is In your power To give what
ever exemplary damages you see Mt II you believed
that Mr. Daniel acted IN good faith IN ordering the
ii he did order it-aud that the circumstances were
such would warrant fair AMI candid person IN enter
tanning strong suspicion, those facts should BE- consid
cred IN relation u the damages II Mr.. Daniel sane
toned the arrest be liable in damages bat the
amount OF such damages depended Oh the spirit which
had actuatei him
Tho jury wont out nj = o'clock. and returned
nt 81 =. NJ Tho general expectation while
they Wore out WAS that they would give n ver-
dit Of from slulO to $500 for the plaintiff
The nnnn- oi the jurors Wer, called.
llnyc YOU ngeca Oh q vrriictT'
W. find for the plalutin."
How much ~
There was pause.
"Oae hunlrtl and Hfty dollars"
This WAS a surprise. Tho Daniel party
smil.l all over. Mr.. Schafler col red up. ana
Mr. Watt IA askcd for n d wv trial
um rendy 10 consent to a now trial" Mr.
AaT.r replied. / view this verdict as nm
outrage ou civilization. vii your Honor please
hold the motion over until can see lay client 2"