The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-25
JURY REACHESA VERDICT
1T FINDS THAT THE PLAINTIFF WAS
DAMAGED IN SUM OF IS.
The Moral Effect of inc Verdict, 1t Is
Thought, VIII He GOOd|ury Asked
for Further Instructions.

Yesterday morning, at 1880 o'clock, the
jury in the Tyler lynching case, which had
been celebrating since wednesday after
noon. returned a verdict for the pialntiff,
John ". Tyler, administrator OF Marion
Tyler. in the sum of s..
When the jury returned to the jury room
yesterday morning the jurors sent word to
Judge Bake hat they wanted some addi-
tional Instructions in regard to the term
reasonable care which Judge Baker had
used in his Instructions in connection with
the duty of the sheriff to protect his pris-
oner. They asked the court how they were
TO arrive at a conclusion in regard TO the
measure of damages that should be as
sessed If they should find that there were
any damages. The court said, by way OF
further instruction, that the term reason
able care was ID be governed entirely by
the circumstances that environed the case.
he said what would be reasonable care in
one case would not apply in another. A
man might leave a chair in the middle of the
floor. and II there was no one in the house
to rum against it but himself he would have
exercised a reasonable care, but If he left
a stick of dynamite where any one could
come along and knock against 1t he could
not be said TO nave exercised a reasonable
care. In speaking of the measure Of dam
ages the court said that the jury was to
be governed entirely by the evidence in the
case. The value of a mans life, as shown
by the evidence, would be a thing to con-
slider. Before the jury left the courtroom
Judge Baker said to it that it was often
the case that a jury does not fully appre-
ciate the responsibility that rests upon 1t.
The jurors in this case, he said, Shouts
realize that they were standing in the pres
ence OF God, and they should make an hon.
est effort for an honest verdict. The court
intimated that he expected the jury to reach
some verdict. and that he did not want
the members to hold out for a disagree
ment.
There are to be heard many different ex-
pressions in regard to the verdict. Some
denounce the verdict as unjust, and others
say that 1t was the only verdict possible
under the evidence. 1t is said by some that
the only thing that prevented a larger
award for the plaintiff was the testimony
IN the case relative to the value of Marion
Tyler's life to his wife, Laura Tyler. 1t
VIII be recalled that there were several wit
nesses, among whom was Laura Tyler, who
testified that Marion Tyler's life was worth
absolutely nothing to her and that she had
suffered no Damage In ms death. IL Is
oAAifN NhoS AZ an AdAAt- oN
a preponderance of the testimony on this
point there would have been no question
that the jury would have returned substan-
tial damages for the plaintiff. Others say
that there were men on the jury who would
never have consented to a verdict for the
plaintiff had they not done so in the spirit
". v. Rocker. in speaking of the verdict
yesterday, said: In so far as the question
Of the liability of the sheriff is concerned,
the verdict is a substantial victory for the
plaintiff, and / think it will prove highly
beneficial to society. / do not think the
measure Of damages named by the jury was
the Jury came to fix the value Of a mans
life 1t took the widow at her word when
she testified that she did not want any dam
ages and said that she released the sheriff
from all liability on that account"
He said that In so far as the law of the
case was concerned the jury was right, but
Marion Tyler's life it was woefully wrong.
Mr.. Price, the witness who has been un-
usually active In the case, was seen at the
Statehouse and said that he was there to
see. what the attorney general intended to
DO In the way of further investigation In the
Tyler lynching. Said he: II am very much
derstand why it wasn't for n larger amount.
do not know just what will be lone now,
but you can wager 1 feel pretty bad about
y~estigation, and ] couldn't afford Ii. When
go back TO Scottsburg I go back as a
man ostracised from society because of my
oNIffty III Nhio affair, dIu Il. Will lay my
self amenable to the law and will be liable
to arrest at any time because / will be com
PEELED to go armed. as my life Is in danger.
There have only been a few OF us who have
come out boldly for the right down there,
pie"
s1. Dae a GSdts as tn ahe the ser enes 1 sm0n fess to tSa ab s95t
the plaintiff will have them 10 pay, unless
Judge Baker exercises his discretion and
endSn