Evening journal., 1894-11-24
THE JURY HAS THE CASE.
Ending of the Famous Suit
Against F. BlumenthaI & Co.
JUDGE WALES MAKES HIS CHARGE


He Instructs the Jury on Its Duties and
Leaves TO It the Question as to Au-
thority OF Pierson aud His subordI.
nates-No Yindictive Damages Allowed.
The summing up by counsel in the
Shaw Blumenthel suit for interference
was begun at yesterdays session of the
United States Circuit Court, Hon Leonard
A Wales, justice presiding. Counselor
Macallister, after stating q number Of
propositions OF law bearing on the case,
made an eloquent plea to the jury, In
which he carefully reviewed the evidence
in the case and stated clearly the justice
OF the claims for damages sustained by
Shaw He showed by memoranda that
had Shaw been employed, as he could
nave been, continuously he would have
earned sum exceeding $3,100; he
actually earned little over 81, AGO
making bis actual loss somewhere In the
nelghborhood of 81, 700
Mr. Salisbury then read number of
legal propositions on which he desired
the judge to charge and was followed by
Mr. Kohn who for about three quarters
Of an hour spoke earnestly and ably in
behalf OF the defendants, urging the Jury
might follow a verdict for the plaintiff
He cautioned them against opening the
way for similar suits to be brought
against them
Mr., Ward followed He took MP Mr.
Saulsburys propositions adseriatum, aud
showed wherein they were erroneous.
citing authorities for his position He
was still speaking at 4 o'clock when
court adjourned until this morning.
When court .Eopened this morning
Counselor Ward completed his argument
to the court on the propositions Of law
advanced by Mr. Salisbury He then
made strong and forceful appeal to the
jury. He spoke for an hour
Judge Wales then charged the Jury
In opening he read the prayers OF the
plaintiff relative to the points desired
charged. The court charged that the
agreement made between Mullin and
Shaw was valid. That when Mullin
withdrew from the business the agree.
ment could not be assigned. That Shaw
was entitled to sue In his own name
after becoming Of age. That
a principal is held liable for the acts OF
his agents for any tort committed
within the SCOPE Of their authority.
That II the jury find for plaintiff, they
shall determine damages directly ac-
cruing from the interference but no
putative damsge
The propositions OF the defense were
twenty six In number and Judge Wales
eaid required the acumen of a doctor OF
laws to properly determine He denied
that which stated that it was necessary
to prove malice. The proposition that
the firm Is not responsible for the
postal cards and oral messages, Judge
Wales said, was for the jury to de-
eide. he declined to charge that Shaw
should have shown his certificate Of com
potency when discharged ALSO that the
postal cards we're privileged communiea-
tions holding that they were voluntary
and not asked by other manufacturers.
Many of the propositions were not
applicable to the case and many Of them
the court said were Of correct and
incorrect law mixed The Judge then
briefly addressed the jury he said that
there was no doubt that Shaw was dis
charged in consequence OF these cards,
and that they emanated from the
office Of the firm, presumably by order OF
the superintendent
On the question Of agency Judge Wales
said that the firm had large factory
here and had placed It Ia the hands OF
men who were empowered TO contract
debt pay bills, hire and discharge work
men and otherwise conduct the business.
He referred to the Importance
of holding apprentices and pre-.
venting them from imposing on
other manufacturers, and It would be
only Just to prevent such apprentices
from getting work elsewhere. But shaw
did not leave of his own sccord, but was
discharged, so that this principle does not
lie. The question of Persons
authority was for the jury to decide
Thst Pierson was known SIS an agent.
| Individually Persons name would have
had no weight, but with the title Of
superintendent, an authority was i'm.
Piled and the public looked upon him as
the agent.
On the question Of damages the court
charged that damages only such as in
CURED from loss OF actual wages and
no svindictive damages could be found.
On the question Of minority the court
held that the plaintiff was entitled to his
wages from the time OF his discharge,
and his father, having failed to interfere
during the suit, was stopped from ever
bringing suit for wages.
The bailif was then sworn and the
jury retired.
at /. 80 o'clock the jury had not agreed
and one Of the jurors sent a telephone
message to his family that there WAS no
possibility OF such an agreement being
reached before at least Z o'clock.
A ~ 81