New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-02-25
THE COURTS.
MISS LINBECK CROSS-EXAMINED.
JUSTICE GIEGERICH DENIES Mr.. NiCoLLs MO
TIoN TO DISMISS THE ACTION FOR FALSE
ARREST AGAINST MR.. GERRY

TIoN TO DISMISS THE ACTION FOR FALSE
ARREST AGAINST MR.. GERRY.
The trial OF Margaret Inbeclls suit against Com
modore Elbrldge 7. Gerry TO recover Soc TOT ialSe
arrest and Imprisonment was resumed yesterday
morning in Trial Term, Part v of the supreme
Court. before Justice Giegerch and jury. Coinmo-
dore Gerry engaged the plaintiff in London. Eng
land TO act as maid fer his daughter. Miss Angelica
Gerry She came TO this country with the GERRY
family IN 1898 md went TO Newport, X. l. me
Gerry cottage robbed on August Il. IS'' ana
diamonds and other jewels belonging TO MISS gerry
stolen
Miss Linbeck was taken to the police station ana
detained two hours. Her baggage was then
searched. but the jewels were not found On FIJI
day Mss Linbeck, direct examination 'old 'ne
story Of her life and arrest. She was recalled 10
the witness-stand yesterday morning. and he
Lancey Nicol counsel for the defendant. began her
cross-examination She testified that she acted as
Miss Gerry's maid and accompanied her when she
went TO parties and also did some sewing FOR her
She said that she familiar with all OF Miss
Gerry's property, except the jewels She had seen
a few of the diamonds
Mr. Nicoll questioned the plaintiff as to her ac-
ouaintance with man named Thomas Steer. who
came to this country from London. and was accus-
toned to take early morning walks with the witness
at Newport in the summer OF 1898 she said that
Steer had intended to marry her as soon as he could
get divorce from his wife. Miss Iinbeck said that
member much about what happened on the day OF
the robbery. After few questions about where
she received certain articles Of ewelry the plaintiff
was excused and left the witness-stand
Mr. Taliaferro counsel for the plaintiff said that
he had agreed that Mrs Gerry and Miss Angelica
Gerry need not be called TO the witness stand ana
n written statement was read from each OF them.
Mr. Taliaferro announced that the plaintiff rested.
and Mr.. Ncol made motion 70 dismiss the aetlOV
on the grounds that in an action to recover dam
ages for false Imprisonment it was necessary to
ailege and prove an illegal imprisonment without
reasonable cause This ne said. the p.antin failed
TO prove Mr. Nico read a number Of authorities
in support OF his motion Colonel Taliaierro OPP
posed The motion. and Justice Giegerich refused 70
Grant IL MIR Nicoll asked permission to amend the
6crIndant's pleading 10 say the arrest was
made with reasonable cause and without malice
1t granted. - , . ,,, -,
c,sa and Justice GegeTch again denied the notion
George g; De VIII Of counsel Tor the defendant
said that the defence would show that the plaintiff
wrnt 10 the police station voluntarily after being
told bv Mir Gerry that she need not 20. He said
| hat IT would be shown that there was no record
of nor arrest but that Il she arrested the police
| had rea sonabie grounds for her arrest
| Commodore Gerry was called 20 the witness stand
He said that the value OF the jewels taken was be
| tween 5000 and 5000. Court was then adjourned
| until this morning