The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-02

Al immense crowd nlleFl l0e COURTROOM
Of the Law and Equity Court all day yes
terday to hear the conclusion of the ar
gument of counsel In the case OF Miss
Gibson against Mr.. Todd. Counsel for
both sides and Judge Minor were FOR
some time engaged in considering the in
structions, and 1t was after II o'clock
when the court convened. The following
instructions were given by Judge Minor
FOR THE PLAISTIrf.
The jury are instructed that IL they be-
| lieVe from the evidence. That the plain
| tin did not state to Airs GOidin that Mr..
| Cohen had told the plaintin that Airs.
Hatcher would take things from the coun-
ter without paying for tncrn, OF words to
/ that effect;
q That Mrs. Todd used the words al
! legged IN the declaration she must have
said il, that It was impossible for clerk
/ TO walt on a Customer without making
| remarks 10 them, and she did not think
| that he ought to keep anybody Ia his
| employ who would make d remark ike
| that
3. And that she said them in the sense
and meaning alleged In the declaration;
4. And that the words used by Mrs
| Todd are OF such nature as would pro
| badly tend TO injure a person in her
| occupation or trade, holding a position
! Ike that held by the plaintiff. then they
must find for the plaintiff, although
| damages or Of actual malice. and i'm so
finding they shall allow such damages
as VIII adequately compensate the plaintin
for losing her position at Miller & ishoads
and Tor the injury 10 her reputation I'm her
lne OF business or trade as salesman.
HOW 10 ASSESS DAMAGE.
Second. But II the jury shall believe
the first three essentials or requirements
Necessary for a verdict for the plaintiff.
but shall not believe the said words
t.r. ..f.4
as would probably tend TO injurc "a per
son in her occupation or trade holding
position Ike that held by the plainuf,
but that they made a false charge against
the plaintin ana did cause the plaintiff
10 lose her position, they must find for
the plaintiff and assess the plaintiffs s
damages al such sum as will compen-
safe ner for the loss of her position.
Third. Should the jury hnd Tor the
paintin under the above instructions,
they may also allow punitive damages
to the piaintin II they believe that Mrs
Todd In using the said words was moved
by actual malice or recklessness equiva-
lent thereto, In such sum as will properly
punish the defendant for the alleged con-
evidence that Mrs. Todd had been In
formed and honestly believed that her
friend Mrs. Hatcher, had been slandered
by the plaintiff when she, Mrs. Todd.
used the words charged. they cannot
allow the plaintiff more than the actual
damage she has suffered as defined in
the foregoing instructions.
The Court instrcts the jury that
]. The burden OF proof IL on the plain
tin 10 prove tie very words themselves
set out in the declaration on which she
Is entitled to recover. viz. "She must
have said it," or 81 do not think you
ought to keep anybody in your employ
ment who would make q remark IKE
that were used by Mrs. TOdd fthe
purpOrt or substance of the siandcrOus
words. or even different words conveying
the same meaning are not Sufficient, |
and unless the jury believe from the evil |
.dence tnat she used one or the other |
or both OF these expressions, they must |
find for the defendants.
.. If the jury believe that the plaintift |
had used the language imputed 10 her in |
the declaration by Mrs. G0ddin, or 20 |
much of IL as constituted the stins IN the |
accusation against Mrs. hatcher charged |
TO have been used by her. they should |
find for the defendants, and the burden |
Of proving that she dd use said language 1
is on the defendants.
3. Unless the jury believe from the /
evidence that the loss OF the plaintins |
suit Of the words charged TO have been |
spoken by Mrs. Todd, and that sucn |
result ought reasonably TO have been
contemplated by Mrs. Todd as likely To |
they cannot find for the plantn special |
damages for the loss Of said situation.
4. The plaintiff cannot recover In this
case unless the jury believe that The
language used by Mrs. Todd. under the
OF the case. was the pre-
dominating cause of such damage as
she may have received.
THE AHGUMENT.
The argument then followed, and II
was opened by Mr.. II. l.. Montague. Of
lowed by Mr. J. Garland Pollard ior sie
defence. While these addresses were
being made the crowd increased 10 such
an extent that the Court mad TO turn
over the courtroom to the Sheriff. and
the doors had 10 be locked 10 prevent
others from forcing their way in.
At the conclusion Of Mr.. Poliard's argu-
rnent a recess OF ten minutes was taken,
after which Mr. Hnl Carter began mis-
argument for the defence. At 3 o'c;ocf
an adjournment was taken until f:5v
o' clock and Mir. Charles V. Meredith |
closed the case for the plainuf.
While all OF the arguments OF counsel |
were able and eloquent that of Mt Mere |
18th was e.Decially So In his speech. ne
developed the bitterness Of a Byron. the
.iJQucnce of "a Henry. ana the pdthOS al |
4 Rousseau. His argument was pro-
bounced by many who heard il the most
and effective ever delivered |
% Richmond court
Mr.. Meredith closed with q beautiful /
appeal 10 the judgment Of the jury, IN
whose hands ne was about 10 leave the |
ate Of his client.
THs VERDICT.
II was shortly after o'clock when Mr..
Meredith ended his argument and the case
vas given 10 the jury. After deiiberaung |
or three-quarters of an hour the jury
eturned with a verdict for the plaintiff
assessing her damages az $3.50.
Counsel for the defence moved TO set
he verdict aside as contrary TO the law
ND evidence. and Judge Minor reserved
us decision on that motion.
The verdict was a compromise. Some
'ere for giving the plaintiff more damages
han Others. but i was understood none
we're for giving the entire amount sued
or II Is not known how the jury in
ividually stood apon the question as
ogarding the damages that should bo
ilOwed. 1t was stated last night that |
II OF the younger men on the jury were ,
or awarding heavy damages