The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-02-21
Superior Court.

BEFORE JUDGE BONNEY.
sIoNDAY,-Erank s. Tucker vs.. VIM. II. Jerris.
This is an action to damages laid at $1,000
for an alleged false arrest and Imprisonment The
plaintiff, then hostler in livery stab lie, was ar
rested upon capias writ by reason of oath made
by Albert Chase, as agent of William H. FERRIS,
that Tucker was about to depart and reside beyond
the limits of the State, taking property means of
his own exceeding the amount required for his I'M
mediate support The plaintiff claims that his oath
was fase that he had no idea of leaving the State:
that he had made arrangements to go to Hiram,
Maine, to work in corn shop making cans and was
to leave Monday, but on Saturday he was arrest
ed by Sheriff Parker upon this writ in favor OF Jer
ris put in the county Jail, where he was kept until
the following Wednesday, when bis brother pro-
cured his release by giving bond with sufficient sure
ties for his appearance at Court, etc.
Mr.. Jerrs. the defendant testified in substance as
follows: Albert Chase called on me and wanted to
know what L would take for hack, which then
owned. told him would sell it to him for $50
cash. He made no reply, but left Two days after
he called and said he had sold the Iack. asked
him if he had got his pay for it, He said no, but the
party was good ard there would be no trouble sbout
It. told him did Lot known anything about the
party and should look TO him, Chase, for the pay
A short time after Chase said the man had paid MIN
S25 and he gave me So of it, Subsequent to that
met Chase and he said this man Tucker was going
70 the Provinces and he was going to arrest him.
did MT make any answer. didn't consider had
anything to do with it as looked to Chase for my
nav. The next thing knew Chases counsel came
to me with a bond. I didn't read the bond and
wasn't aware that my name was used in bringing
the suit. knew nothing about the suretles, put
had confidence in Mr.. Chases counsel and told him
If what he said was true about the ability OF the
sureties that was sufficient. did not approve the
bond in writing. 1 think Chase had told me that
Tucker was arrested, but did not know that the
suit was brought in my name until this bond was
brought to me. had nothing to do with the suit in
any way.
Mr.. Lhase testified that month after Thicker
bought the hack he came to him, Chase, and wanted
10 give the hack up because he had chance to go
70 the Provinces to work. Chase told him he would
see .erris which he did, and Jerris said be would
have nothing to do with it, that he should look to
Chase for his pay. About the time of the arrest a
man told me, says Chase that Tucker was going to
leave town. L went to my counsel, told him the
facts and he told me better bring the suit in
FERRIS, name his agent and so made the oath as
agent OF Jerris. actually believed that Tucker
was going to leave the State and go the Provinces
Tucker testified that he never told Chase he was
going TO the PROV nces but that he may have told
him he had an offer to 60.
There was testimony on the part of the plaintiff
that when the bond was carried to Jerris he said
that he knew of the sureties worth seven or
eight thousand dollars, and thai it was all right
This however, was denied by Mr. Jerris.
The verdict was for the plaintiff for 1925.
A. r. Moulton for plff. I. ii. Haskell for deft.