Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-11-05
GETS DAMAGES.
NRS. LEADER ALLOWED $1,000 IN HER
DAMAGE SUIT AGAINST
Mrs. Smyth, Who Charged Her With Stealing a
Diamond Broooh-The Summing up Of
the Evidence-Ths Jury Cut
twenty-five Minutes.

LONDON, November 4.-Ine queen
bench was again crowded to-daw with
an aristocratic throng, ali curious TO
hear the conclusion OF the celebrated
Leader-Smyth case, which Is an action
for damages for SANDER brought by MRS.
Lieutenant Leader against Mrs. Major
General Gibbons Smyth. The latter
charged that Mrs. Leader, while on
visit TO her house on September 2l, 1891,
stole brooch from Mrs. Smyth, which
the latter declared she subsequently
saw exposed for sale in jewelers. shop.
Mrs. Smyth procured the oroocn
by threatening to take legal
action against the jeweler and then
wrote letter to Mrs. Leader who Is 10
India with her husband accusing her or
the theft and stating that il she desired
10 avoid publicity she must send by re-
turn mail five guineas TO cover the costs
OF recovery Of the brooch. Instead OF re-
plying TO this letter Mrs. Leader,as soon
rs possible after the receipt thereon IN
structed her counsel TO bring suit Tor
damages for Islander against Mrs. Smyth.
Mrs. Leader acknowledged selling
brooch to the jeweler in whose shop the
alleged stolen article was found out de-
clared that the brooch she sold was her
personal property it having been given
to her by friend, Captain French, as
wedding gift.
When Justice Day had taken his sea-
on the bench aud the court was de-
clared open, Mr.. Lockwood, a counsel
for Mrs. Leader, took up the summing
at the point where he was interrupted
yesterday by the adjournment OF the
court. He said the jeweler who had
sold the brooch to Mrs. Smyth had
failed after three examinations to find
his private mark on the brooch pro-
duced in court, which was the brooch
Mrs. Leader had sold. The main issue
of the case being one of identity, the
evidence OF the jeweler was absolutely
In favor OF Mrs. Leader. A bad fea-
ture in the line Of defense was the
harping upon Mrs. Leaders asso-
ciation with Captain French Coun-
sci for the defendants asked the
jury to think lightly Of Mrs. Leader.
Why were these shafts levelled at Mrs.
Leader unless it were TO injure her rep
utation, perchance wound the heart OF
her husband. That must have been the
object of TIE defendants in instructing
their counsel to refer TO Capt. French.
Itmade IL all the more probable that he
would have seat her q present on the
occasion OF her marriage. He asked
the Jury to consider the improbabiity
of woman Of Mrs. Leaders, position
with plenty OF money and jewelry, steal
ing brooch of minor value from the
dressing table of her friend while
the friend was in the room wearing 1t
on the same day and selling 1t Within d
stones throw Of Mrs. Smyth's honse.
The Justice then proceeded to sum up
the case. He expressed surprise at
the line OF defense. Continuing he said
that If the defendant had pleaded that
she she had uttered the SANDER on a
privileged occasion he might have held
that that view was right in the absence
of express proof of malice, but the de-
Tense justified the SANDER and under
took to prove TO the satisfaction OF the
Jury that the brooch had been stolen by
Mrs. Leader from Mrs. Smyth's room.
1t was a curious coincidence that
these two ladies', friends, should
posses brooches OF pattern
from the original maker who
knew of only nine being manufactured
until 1891. 1t was also curious coin
cidence that both ladies should cease to
possess them at about the same time,
| Mrs. Smyth losing hers and Mrs. Lead
er selling hers. Mrs. Leader was. not in
want OF money. Viewing all the evil
dence, he must say that il the case had
been taken TO criminal court he would
not, on the evidence Of Mrs. Smyth,
have allowed the charge to go before q
Jury. II was open to the present jury
to decide whether Mrs. Smyth was actu-
ated by malice in uttering the charges
against Mrs. Leader.
The jury retired at lilo and returned
at 1885 with verdict awarding Mrs.
| leader s.. 500 damages.