The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-04-12
Contrary to General Expectation, the Jury.
After Being Out One Night, Sue
coed in Agreeing on a Verdict.
Mrs. Cougars Damages Assessed at
Five Thousand Dollars.
Interviews with the Parties to the Suit
Mandler's Attorneys Promptly Enter
Motion for New Trial
Special to the indianapolis Journal.

ment by hon. j. IL. COurOVll, LOT LHe ueleLu-
ant was completed in the Gougar-Mandler
SANDER suit, at o clock yesterday afternoon
Judge Gould then delivered his charge, clos
ing at 445 o'clock. In the course of his
charge, Judge Gould said
In trial of causes in courts of justice,
precision is necessary, and therefore 1t IS
essential that you should first understand
the issues made by the parties. In the COM
plant, the plaintiff Helen NJ. Cougar, al
leges that the defendant, Henry Mandler,
malciously spoke of and concerning her and
her character for chastity, certain words in
tending thereby to impute to her want or
chastity the specific charge being that she
had, on the night of Nov. 10, 1882, at the
office of w. Dewitt Wallace, committed
adultery with the said Wallace. For answer
TO this complaint the defendant admits the
8 eaking of the words, and says they are
true. This is an answer in bar of the action,
which is called a plea of justification. This
answer presents the only issue of full de-
Tense to the action, and upon this issue the
burden of proof is upon the defendant.
There is another paragraph of answer, in
which it is'averred in substance, that at and
before the time of the speaking of the words
complained of, it was generally rumored in
the city of Lafayette, where the plaintiff re-
sides, that she was an unchaste woman. This
paragraph of the answer, if true is to be con-
sidered only in mitigation of damages in case
the defendant had failed to establish his plea
of justification. Upon this paragraph, as
upon the other, the burden OF proof rests
upon the defendant, the reply OF the plaintiff
being denial of every material averment
contained i'll the answer.
The law presumes that men and women are
virtuous and pure and the law requires evil
dence to overthrow this presumption, and
that evidence must be more than the recital
of doubtful or equlvocal acts and conduct;
70 met faf1t will
nocence as with guilt. And yet, while you
keep in view the presumed virtues, you
should not ignore the frailties and weakness
OF human nature, if they are shown by the
evidence The facts necessary to establish
an impure and adulterous disposition are not
of a technical nature; they are facts deter
nlinable upon common grounds of reason
but the facts and circumstances must be such
as lead the guarded discretion of reasonable
and just men to the conclusion that such
disposition existed. The law of evidence is
searching, and detects and uncovers licentious
acts even though the evil intent and life
wear the assumed garb of innocence. As in
strumentS of the law. you must solve the
question in the light reflected by the sur
rounding circumstances. The law permits
us to look at the acts and conduct of men
and women to ascertain their motives and
disposition. From the face of a coin
may infer the form of the die in which it
was cast from the foot-mark upon the sand
we may determine the animal that made it;
from the position of the fallen tree we may
know the course of the hurricane and so
from the acts and words and conduct of the
plaintiff and Wallace, in view of all the cir
cumstances in the case, you may be able TO
infer whether such acts and words and con-
duct proceed from pure or impure minds
and hearts =
If you believe from the evidence that the
alleged slanderous words were false. and
were uttered by the defendant in a reckless
disregard of the good name of the plaintiff,
or for the express purpose of injuring or
striking down her reputation, in assessing
her damages you have right to add, in ad-
dition to such sum as would be a fair COM
pensation for the injury sustained, such
further sum, by way of exemplary damages,
as in your Judgment the circumstances of
the case may warrant. But you should not
be actuated by passion or prejudice, for your
verdict should be the expression of the law
applicable to the facts, and the law is free
from passion or prejudice. The
merits OF temperance, woman suffrage or of
any political party, are not on trial. We
have no jurisdiction to try those questions.
Neither partisan feelings nor outside views
should have the slightest influence upon
your minds In this free government it is
the right of every citizen to form and advo-
cate his or her opinion as to governmental
policies, and this is the browning glory of
our matches institutions. But such views
WOulu ne sadly out OF pldce III lne JurV-DOA.
No partisan camor no eXtraneous wishes or
considerations, no thoughts other than such
as pertain to impartial justice, can be
permitted to invade the sanctity of a court
of Justice to bias or even shade it's judg-
mentS.
The jury then retired and began balloting.
Their deliberations lasted until 10 o'clock
this morning, when they sent for Judge
Gould for additional instructions as to ex-
emplery damages. Judge Gould said:
Exemplary damages are such damages as
are inflicted as punishment to the defend
ant and as an example to others, in addi-
ton to damages which are merely compen-
satory."
BRINGING IN THE VERDICT.
At 1870 o'clock it was announced that
the jury had agreed upon verdict.
The jury entered the crowded courtroom,
and the court asked; Gentlemen, are you
all agreed?' The answer was in the affirma-
live. The roll was then called by the clerk,
TO which all responded. The foreman then
hand their written verdict to the court in
sealed envelope. Judge Gould opened it
and read, amidst profound silence:
"We the jury, find for the plaintiff. and
assess her damages at five thousand dollars"
There was profound silence, and the hum
OF comment did not begin until the au-
dience started to leave the courtroom,
Neither the plaintiff nor the defendant was
present at the reading of the verdict. The in
firmation was conveyed to Mrs Cougar by
her husband, and Mandler heard it on the
street.
Nine ballots were taken by the jury in
finding verdict Two test ballots were
made on a verdict for plaintiff or defendant,
which stood, for plaintiff ten; for defendant,
two. The second ballot stood, twelve for
the plaintiff The ballotipg for assessment