The morning call., 1895-02-13
WANTS HIM ARRESTED.
E. A, Won Schmidt Tries to Send HiszBrother
Back to the Home,

At quarter of 6 o'clock there was a
connection among the at sches still wait
ing for the court to declare a recess and
close consultation with Judge Daingerfield
Policeman McShane was the center of at
traction, because of the fact that he held
warrant for the arrest of Alfred W. Won
Schmidt, the plaintiff in the case, who was
waiting to hear from the jurors.
The warrant was sworn out by Edward
A. Won Schmidt before Police Judge Camp
bell 1t charged A. w. Won Schmidt with
being lunatic, and recited that his mind
was so disordered as to endanger health,
person and property, and asked that he be
committed to the Home for the Care of the
Inebriate until such time as he could ap-
rear before the proper authorities for ex-
animation as to his sanity.
Judge Daingerfield sent for Police Cap
tain Douglass and told him that there was
no ground for any such complaint. He
said that Alfred A. Won Schmidt was not
dangerous lunatic, nor a lunatic at all, so
far as he could see.
To this statement Judge Sawyer heartily
agreed, and was as earnest in his express
sion of belief in A. w. Won Schmidt's san
ity as either Judge Daingerfield Or Mrs
Foltz. The result was that Judge Danger
field took the warrant and wrote across the
back of it, mot to be served until further
orders" and signed and dated it officially.
He handed it back to Captain Douglass, and
not word was said to the man most in
terested. He sat with his wife at the table
where he had wept or smiled over Mrs.
Foltz' sargument, and was none the wiser
e. A. Won Schmidt said, in extenuation,
that he only acted for his father in the
matter. He said neither he nor Mr.
Mitchell of the firm of Pierson & Mitchell
knew that the warrant involved the send
ing of A. w. Won Schmidt back to the
Home for the Inebriate. He denied having
read the warrant. His idea was to have
his brother spend the night i'm the City
Prison, and appear before the Lunacy Com
mission this morning at IL o'clock.
He said that under no circumstances
would he consent to his brothers being
sent back to the Home for the Inebriate.
There was look of satisfaction and
triumph on the face of Won Schmidt when
he found that the verdict was for the plain
tiff, but this quickly faded when the con-
clusion gave him but 81 damages.
Mrs. Foltz asked that the Jury be polled,
and each of the twelve men answered to
his name. There were eight votes taken
before an agreement was reached. Until
the last two ballots the vote stood seven to
five seven for the defendant and five for
the plaintiff. The question of damages
never cut any figure in the disagreement.
After the adjournment of court P. J.
Barth, foreman of the jury, and Juror
Louis B. Hetty, said that when they voted
to give a verdict for 81 for the plaintiff
they thought that such decision would
compel the defendant to pay the costs of
court. They declared themselves very
much surprised when they learned that |
Von Schmidt will have to pay the costs.
They added that all the other members |
of the jury were similarly mistaken in re-
gard to the legal effect of their verdict.
Mrs. Foltz says she is not through with I
the case yet, and in the meantime the
elder brother and father viii not relax
their efforts to have the plaintiff restrained
of his liberty.