The herald., 1898-12-23
a new TRIAL GRANTED
SUPREME COURT REMANDs THE
HOLIDAY SUIT
GROUNDS FOR FEAR EXISTED
Consequently the Prosecution of the
Plaintiff for Threats Made by
Her Was Warranted

The somewhat sensational action brought
by Mrs. Fannie l.. Holnday against Edward
h. and Mrs. M. z. L. Holiday some three
years ago, for damages alleged to have been
sustained by reason of malicious prosecution
and false Imprisonment, is the subject OF
consideration in an opinion OF the supreme
court received in this city yesterday. The
case was tried before jury and a. verdict
rendered in favor of the plaintiff for $500, on
which judgment was entered by the court,
Defendants appealed and, on account of er
rors, the cause is now remanded for new
trial
The compliant alleged that ON August 49,
1895, in this city, defendants falsely and ma
liciously charged plaintiff, before Justice
Young, with having threatened to burn the
personal property of defendants and to
shoot, stab and kill defendants; and that
they had cause to fear the threats would be
carried into execution if plaintiff was not
restrained by the court. On this complaint
a warrant was issued and plaintiff was ar
rested, being imprisoned thereafter for eight
days in the county Jail, from which she was
released by habeas corpus proceedings on
August q, 1895, the prosecution Of those
charges being then abandoned.
4NCNSltHSlSssd q HCN vas sN VI II Out
and on this the plaintiff was arrested and i'm
prisoned for three hours until released upon
her own recognizance to appear and answer
the renewed charge. A few days later, Hol-
liday and wife having regretted the reopening
of the case and asking for its dismissal, the
plaintiff was again discharged from custody
on motion OF the district attorney without
examination.
In their answer to the suit for damages,
the defendants said they caused the former
prosecution to be dismissed solely for the
reason that plaintiff had agreed that she
would not carry the threats previously made
into execution.
The supreme court holds that to maintain
an action of this Kind the plaintiff must al
lege and prove atfrmatively malice and want
of probable cause on the part of the defend
ant in instituting the proceeding which was
made the basis of the action, and that the
same has been finally determined in favor
OF the plaintiff.
The fact that Mrs. Holiday was held in
$1,000 bond by Justice Young to keep the
peace is held by the court to have been
prima facie evidence of probable cause for
making the charge, Ieven though it was sub
sequently held to be unauthorized Under
the laws of this state, the justice jursdic-
tion was complete and his order that the ac-
cused person stands committed contained
all the essentials of final judgment. The
appellants contention on that point is con-
sequently sustained.
Other errors are noted, purely of technical
matters, on account of which the judgment
and order appealed from are reversed and the
cause remanded for new trial The opinion
is by the court, Chief Justice Beatty not
participating in the consideration of the
cause. Justice Temple alone dissents.
Mrs. M. p. L. Holiday, one OF the defend
ants in the cause just decided, is the daugh-
ter of Allen q. Thurman, the Democratic
sta atesman who was familiarly known as the
"Old Roman" Marrying in opposition to
his wishes Years ago, an estrangement re-
suited, and Mary came with her husband to
this coast, living for some time in Lower
California. A divorce was finally secured
by the wife. who thereafter married Mr..
Holiday. Fannie L. Holiday is the widow
OF Edwards brother, the famous baseball
catcher, who died of consumption in the east
some years ago. He was known as bug"
Holiday and had many friends in the sport
ing fraternity. After his deatE his widow
came to this coast and it was then the sem
sational occurrences took place at the resi-
dence of Bugs" brother which are briefly
alluded to in the lawsuit above noted.