The morning call., 1893-10-06
TO COVER COSTS.
Amount of the Verdict in
the Bancroft Case.
The Plaintiff Does Not Approve of
the Finding and Will Move
for a New Trial.

The jury that heard the facts in the
Bancroft libel case returned verdict last
night in favor of w. B. Bancroft. the
plaintiff.
When court resumed yesterday morning
some discussion took place between Judge
Slack and the counsel on both sides on
the question of the length of the speeches,
Judge Slack expressing a very earnest de-
sire 10 send the case to the jury before the
close of the days session. Attorneys
Galpin and McCutcnen, for the defense,
expressed their willingness to agree to
any limit Of time that the Judge might set,
but as tile other counsel seemed to desire
free scope for their eloGuence the Judge
decided not to interfere, merely limiting
that brpvlty would be acceptable.
Mr.. Van Fleet made the opening argu-
ment Oh the plaintiffs behalf. he talked
long and earnestly and seemed to take an
intense delight in casting reflections upon
the character of T. A. c. Dorland, II. 81.
Bancrofi's manager ln fact, Van Fleet
created no little amusement in court at
the outset of bis speech by remarking, as
he took up position inside the rail. that
he old SO as protection against any
might make. The Judge demurred to this
excuse, but Mr.. DOrland was not in court
to hear the remark.
Mr.. Van Fleet told the whole history of
W. B. Bancrofts connection with his
uncle, the defendant, and severely CON-
mented upon II. 81. Bancrofts mean treat
lDent of him. Dorland. as was expected,
came in for his share of abuse. the coun-
sci referring IS him as BancrOfts lick
spittle." In conclusion Mr.. Van Fleet
called the jury's attention to the assertion
that II. II. Bancroft was worth fully
81, 500, 600, and asked that heavy damages
be awarded for ali the trouble and poverty
that had been cast upon the plaintiff.
Mr.. McCutchen followed on behalf of
81. Fl. Bancroft. In a brief but forceful
speech he severely scored the alleged un-
grateful conduct of young Bancroft, who,
he said, after receiving every favor and
every kindness from lcng-suffering and
indulgent uncle. had turned round at the
last and brought this suit simply for the
purpose of bleeding him to the utmost.
he asked the Jury to award not one single
dollar of damages.
Galpin made the closing speech for the
defense. His main point lay in attacking
the evidence of the witness Cnoney, who
had the interview with 81. FL. Bancroft
which caused all the trouble. Galpin said
it was time justice should be done and Mr..
Bancroft spared this ceaseless persecution.
The closing argument was made on be.
half Of the plaintiff by Eugene Deuprey.
1t was vehement, well-worded burst of
rhetoric. in which the jury was presented
with vivid picture of all the wrong that
had been done to a hard-wOrking young
man by a rich but cruel uncle. He asked
the jury TO grant heavy damages. and
thereby teach unces of this sort whole
some lesson for their future guidance.
II was nearly o'clock when couns sci had
concluded their arguments, but as the jury
expressed a desire to finish the case al
once Judge Slack mad no choice but to de.
liver the charge. This done, the jury retired
to consider.
After being out some time the jury came
in for instructions. The foreman asked
how much judgment would have to be tt
carry cost. The answer was $500. The
iury retired and soon returned with YER
diet for the plaintiff. fixing the damages al
$3.50.
Counsel for Bancroft expressed dissatis
faction with the verdict, claiming that il
was contrary to law and evidence, an(
gave notice of a motion for new trial.