New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-02-09
uEwvopK DAILY TRIBUNE TUESDAY, FEBRUARY y loS"
r1r11 DAMAGES AGAINST TINKER.
A SENSATIONAL ENDING TO Mr.. CoL"ELhs
ALIENATION SUIT AGAINST THE DOCTOR

A SENSATIONAL ENDING TO NH IobN ELL :"
ALIENATION SUIT AGAINST THE DOCTOR.
The Jury which for a week has been hear'ns VIZ
sr,t brought by Frederick l." CoiweH TO reco'ei
$40 900 damages from DR.. Charles a. lHiAe, ','
tar,,v nhvsic,an for alternating Mrs. Colweiis al
fections brought in verdict against the uoV'o.
49, ,es,erdav afternoon for the fun amount
claimed after celebrating over the case lot JAZZ
an hour Colwel. who was waning ""N''
court for the decision. grew Whi'e WHEN II.
u announced. and exclaimed ION. III! "o''
tinker seemed unmoved. Mr.. Blandy' the phyS'-
clans counsel Immediately moved that the Ne'u'o'
10 40, aside as against the law and the evidence
and excessive Justice BischOn denied the mohoh'
but granted a stay OF entry Of Judgment lot ''',
DAYS and sixty days stay In whch u p'.P
case for appeal. Mr.. McAdam. counsel lot 'he
nlaintiN asked for extra allowance OF costs anu
Justice Kischoff granted $500 TO be added 10 'Ie
Judgment Mr.. Blandy declared. as the sui'ofs rev
,ho court that the case would certainly be carried
TO the Appellate Division.
The verdict was delivered after. and may perhapS
have been Influenced by passionate appear oH M
NcAdan for such verdict would protect the
homes Of men and their wives from physicians
The only important witness on the stand YESTERDAY
was Mrs CoweH and her testimony was confined
IN DENYING catcgoricaly the allegations OF improper
conduct made against her and l)r. Ilhher' an" W
corroborating his testimony as TO what happeh'd
before and after her husband and his friends broke
into her room at midnight ana louhu 'Hc ""''''
there Afterward. counsel on both sides addressed
the fury Mr.. Blandy's address was devoted 10 an
attack on Colwell. whose conduct in spying on MS
wife he described as the most contemptlbIe ever
PLAYED by a man. ole connved at his wifes down
fall laid traps her and waited to detect he IN
fidelity" said Mr.. Bandy Of Colwell: In closing,
the lawyer read from a number of authors 10 snow
that the chief charm of woman was modesty. ana
went on TO argue that the scene in Mrs. toi"cII
room a described by the plaintiff and his witnesses,
was so totally wanting In modesty and decency mat
il was unlikely that il occurred. Mr.. McAdAm III
reply argued that Mrs Colwell's temper was chiefly
to blame for her intdelity. and asked me jury 10
clear her OF guilt by giving verdict that would
fix the measure OF Or. Thinkers blame. We have
asked for $4,000 damages he said. and don
think that amount large enough.
This IS the second time n verdict for the fun
amount OF damages has been fled against Or.
Tinker the first trial Of Colwells suit the ply
stefan failed 10 appear and default verdict for
$4,000 recorded against him. Afterward he
secured the retrial OF the the plea that his
lawyer had betrayed him and he had been unaware
that the suit had been called up for hearing. This
second trial ended yesterday. Colwell secured d.
vorce from his wife a month ago in the Supreme
Court. naming Dr. Tinker as the correspondent. The
decree was. however set aside by the Appellate Di-
vision on technical grounds and new trial of the
action ordered. This is now pending