New-York tribune., 1896-01-25
IN FAVOR OF DAVID GIDEON.
HE WINS THE G1DEON-DWYER SUIT.
sHERIrF"s JURY AWARDS $4,000 DAMAGES Tc

A sHERIFFs JURY AWARDS $4,000 DAMAGES TO
THE PIAINTIFF-THE TESTIMONY TAKEN
The Gideon-Dwyer suit for sander had another
innings yesterday afternoon before Sheriff Tamsen
and a Sherfs jury. On June 80. lS9i. Philip j.
Dwyer. In argument with David Gideon ABOUT
the memorable Ramapo- Banquet dead heat. on the
clubhouse stand the Sheepshead Bay racetrack'
said Mr.. Gideon: You are no sportsman You
compelled to .eave Washington on account or
fraud Colonel Lewis Clark was going to rule you
off the turf at Louisville and you were warned OFT
the turf and had 70 leave Louisville for crooked
practices the turf"
The statement created sensation at the time.
Mr.. Gideon and Mr.. Dwyer apologized to the Coney
Island Jockey Club. Mr. Gideon attempted to have
the case investigated by the Jockey Cub but the
stewards OF that body declined TO act on the grouns
that they had no Jurisdiction Mr.. Gideon brought
suit against Philip !. Dwyer for $4,000. Mr.. Dwyer
entered demurrer the suit through his counsel.
Senator p. II. McCarren. The demurrer was argued
before Judge Barrett. who decided in favor of Mr..
Gideon An appeal taken to the General Term
before Justices Van Brunt O'Br!en ard Foliett.
justices Van Brunt and OBrien handed down an
opinion sustaining Mr.. Gdeon's counsel. Messrs.
Horwitz & Hershied. Judge Folett wrote a dis
senting opinion and the carried 10 the
Court Of Appeals The defence withdrawn by
Mr.. Dwyer's counsel. and the case was permitted
to go to a Sherif's jury by default.
When the case called yesterday afternoon
legal sparrng between counsel about the jury.
owing to an objection made by Senator McCarren.
Mr.. Gideon's counsel started off to make the run
ming and the pace hot from the start.
He described In g.owing terms the high estimation
in which Mr.. Gideon held by the racegoing pub
lie. He told OF the many brilliant victories gained
on the turf By horses owned by Mr. Gideon. and
graphically described the humiliation and pain that
Mr. Gideon felt when Mr.. Dwyer assaled his in
tegrty sportsman.
Senator McCarren objected. and asked that NJ
Hershhed conine his remarks the amount OF
damages. Mr. Hershfelc said You have no
right to interrupt me- you have no standing in
this case except the question of damages
Mr. Gideon asked to take the witness chair.
He testified about his business. AM the amount of
money invested in the Holmde farm. He repeated
the statements made by Mr. Dwyer and said that
there scnta of truth in any Of them
lie went on: " felt aggreved hurt and Inundated by
Mr.. Dwysr's statements" In regard TO Colonel Clark.
Mr. Gideon said: Il had any trouble with him,
and did know him previous to June go lssi |
was introduced him about year ago.
Senator McCarren croes-examned Mr.. Gideon, and
proved that he had sold number Of horses. in
cludrg Requital. Cactus. Hazlet and Eakins, for
much larger amount than the original cost. Sena-
tor McCarren aimed 10 show the jury that Mr.
Dryers statements had not injured Mr. Gideon
John Hunts: an! James iawaS we're ere caied al "a 9 as
attention to Mr. Dwyer's remarks, but they then then
counsel. that the remarks were of an extremely
grave character.
Philip J. Dwyer was called as witness. but OBJ
jections prevented his teslifying. He did say this.
however: MIR; Gideon's standing at the presen'
". IL. Vosburs gave some pnmpOrtan, TESTIMONY,
when both sides rested their case. Senator Nc
Carren opened tor Mr.. Dwyer by stating that the
case should have been settled before a turf trba'
nal, and not In a of law. He referred to the
being parallel Of the inuch-talked "a bout
Dunraven accusat ations He alleged that Mr., Gdeon
ments. and that nominal damages would be an
ample vndication for Mr.. Gideon He quoted pas,
Judge EOliett'S dissenting
asked that the jury assess the damages ioT NOM
inal amount. -
Mr.. Gideon's counsel. In the closing argument.
appealed to the jury follows:
This is question OF money. but II is
question of principle. My client. Mr.. Gideon. is
man. Mr.. Dwyer is a wealthy man, who Is also
sportsman. He Is likely 10 bet 5000 on the ir tqrn
nominal damages when ne ruthessly assails the
reputation OF honorable man Ike David Gideon
] will read you the judgment OF the General Term,
signed by Judges O'Brien and Van Brunt
When he had GmPeed ct s rsadps ne % is
large amo mt of damages in this case because 4
will have a deterrent effect in the future, and VII
prevent mems characters from being assailed with
The case was given to the jury. who gave YER
diet Of $1,000 ia Mr.. Gideons favor after deIiy
of only eight minutes from the time the case closed.
An appeal was taken by Senator McCarren on
questions OF law to the Cour; OF Appeals. -
snSrt for san Francis o. remaining there until
ing campaign next summer. Mr. Gideon has de-
cided should the Court OF Appeais affirm me yer
that he will divide the money as follows $VW to the
Roman Ca .hoc orphan Asylum. $500 TO the He
orphan Asylum There was much comment last
evening among horsemen on the verdict. The gen
eral opinion was that it Is not excessive a1nongh
that he will contest the case to the bitter end.