The herald., 1896-02-14

W. R. Steele, w. G. Brainerd, George L.
Dutton, Thomas B. Case, r. Z. Drummond,
Joseph Groves, Jesse Allen and Milton Il.
La Festra.
This was rather anomalous suit and the
verdict in the case was in the nature of
surprise. Mrs. Fannie L claimed dam
ages from the defendants on the ground
that she had at their instance been arrested
maliciously and falsely Imprisoned.
The testimony taken in the case was
rather racy and sensational, and threw
some side lights on the private life of all
the parties. The conduct Of the plaintiff,
by her own admission, was not altogether
above reproach. She had made threats
against the defendant, Edward L., and
| against the property Of his wife.
Still, in a technical sense. perhaps, the
| law had not been strictly complied With in
result was she got a verdict. The further
fact that she was woman went far to
bring about this result.
General Johnstone Jones concluded his
argument before the jury in behalf of the
plaintiff at IL 40 yesterday morning. 1t
false imprisonment and illegal arrests, in
fact one of the most complete and thorough
arguments on that line ever heard in the
courthouse.
Judge York instructed the jury and an
adjournment was taken for lunch. At 2
retired for deliberation. The instructions
| were favorable to the plaintiff, at least they
were 80 regarded.
AT :45 the jury announced that they
had arrived at a verdict. Word was sent
to the attorneys and at s p. M Hon. W. ].
Hunsaker and John NJ. Lucas, accom-
panied by General Jones, were on hand.
The jurymen had in the meantime taken
| their seats in the box. The verdict was
| handed up to the judge.
"General Jones, are YOU prepared to put
| up deposit for the jury fees?" asked
Judge York after he had glanced over the
verdict.
General Jones found out that the jury
fees were $216, and he did not have the
change with him.
Judge York said that he would dismiss
the jury until Tuesday next and seal the
| verdict unless the plaintiff could produce
| $2l6 within reasonable time.
| To this Mr.. Hunsaker objected strenu-
| ously.
General Jones said that he would sally
| forth and procure the coin. He withdrew
| and in five minutes returned with check
for $216. This he turned over tu the court.
"Gentlemen," said Judge York, turning
check for $2l6 bearing his Endorsement.
Are you willing to accept it in payment for
your fees and return here Tuesday next
| and receive your money after the check
has been cashed? Those jurymen who are
will please raise their right hands.''
Thereupon each juryman elevated
the designated hand. Then the clerk
read the verdict. Mr.. Hunsaker asked
that the jury be polled. This
was done, with the result that nine
jurymen declared it to be their verdict and
three stated positively that it was not
Juror Adolph Eisen, when his name was
called, expressed himself feelingy. lie
wanted to explain to the court why it was
not his verdict, but his explanation did not
get in.
Mr.. Hunsaher asked for stay of execu-
ton and the request was granted. At the
proper time he will make a motion for a
new trial on the ground that the insirnc-
tions of the court to the jury were errone-
Gus and on the further ground that the ver-
dict is contrary to tho law and the evil
dence. The case 10 not yet ended.
Taking out the jury fees, Mrs. Fannie l..
has Ssh OF her judgment left. The de-
PENDANTS, Holidays, will have the costs 10
pay, which amount to abovt $500. Take
it all in all their latest court experience
has been quite expensive.