The Savannah morning news. (Savannah, Ga.) 1900-current, 1900-10-16
IN JAIL WHILE Won HowLED.
.. 7. SnIIade sainE for Damages for
False imprisonment.

False imprisonment.
II must be rather uncomfortable to Re
an inmate % a jail which Is surrounded by
a mob Of negroes. armed. bowling and
threatening TO burn the structure 20 the
ground. For being forced 10 undergo Jail
confinement to which experience such a
mob furnished an accompaniment. +. T.
Sallade wants $500 damages form W. c.
Wylly. a merchant OF Daricn.
saliade sets out In his petition to the
United States Circuit Court that az the
instieatiou OF She defendant he was ar
rested and committed TO iail and there~con-
fined during the 'inc that the mob OF ne
grues assembled Ia DaTien for the purpose
Of releasing Henry Delegal then under
arrest for an alleged assault on n white
woman Of Mcintosh county. The cries OF
the members OF the mob. iher wi a
threats OF vengeance the manifest terror
Of the other inmates Of the jail ana the
preparations apparently inadequate. fcr
It's defense, ali wrought their effect upon
the nerves Of Sallade.
In August 1899. the plaintiff was a trav-
cling representative OF the L. b. Price
Mercantile Company OF Kansas CRY. He
describes himself as resident and citizen
Of Topeka Kan. and as man who not
only had never been guilty OF infractions
OF che laws OF his country. or possessed
Of "a desire 60 harm any man. but peace
able. qulet and well disposed towards ev-
erybody IA general and the people Of Da-
rien tn particular.
when the srouble began TO brew. he
was selling clocks and other articles In
Daricn. not delivering them actually. but
taking orders for their delivery. which
were filled from Kansas city by the house
he represented. He was not a peddier. so
he requests b. under.tood. but a drummer.
While engaged In this business he re-
ceivcl an invitation 90 call upon the de-
PENDANT which he accepted. The defend
ant told him thai he was doing bsiness as
a peddler Ia Dar.en. without the formal
ity Of paying the license which TIE town
exacted for this privilege. The plant n
explained that this was an error: he was
moi poddler. as he did not deliver the
goods when sold. but merely took orders
for their delivery. He claims 10 have
pointed out 10 the defendant that q was
not legally possible for the town 20 re-
qure OF him the payment OF a license. as
20 make such a requirement would be In
effect an Interference with interstate
commerce not countenanced IS the con-
stitutiou and laws OF The United States.
lie claims 20 have directed the defendants
attention 90 numerous decisions OF the
courts. among them some from the SUI
prone Court OF Georgia. In which this
usually weli-undcrstooi principle Of law
Is clearly laid down and explained.
Notwithstanding. he vas arrested uDOn
a warrant sworn out By Wylly before
Magistrate A. 5. Way. Brought before
the magistrate. he was given prelimi-
nary examination and despite his expos
tuiatlous was committed to jail. in de-
fault Of hail. for the alleged onense Of
peddling clocks without iJanse. lie
was a stranger IN Darien and therefore
unable TO secure a bondsmnn. for this
reason being compelled 10 remain IN jail
until h. could communicate with his
house and have money sent 10 him.
During this period the Delegal excite
ment occurred During the time the mob
held carnival IN Dnricn and until Il was
dispersed by the arrival Of the state
troops. from this city. he suffered great
pain and mental anguish.
Afterwards. u - charged IN the petit
ton th. defendant appeared before the
grand jury ana had the piaintin indicted
Zoe the alleged offensc for which he had
been arrested He WAS Obliged TO retain
counsel and was tried by jury at the
November term OF the Superior Court OF
Mcintosh county lie was fonnd not
guilty.
He has been compelled 10 incur numer-
GUS actual expenses because OF the con-
duct OF the defendant OF which complaint
Is made. In the trial Of she case against
him his expenses amounted TO about $3.50
for counsel fees and board. and because
81 his trial. his confinement IN JAIN and
various oSher incidents connected with his
iroubles. he lost three months time from
his work which. "a a valuation OF 1875
per month would add Ss75 90 the other
actual expenses.
The damage 10 his good name. In beng
arrested and Jailed for a criminal offense.
the mental pain and anguish he suffered
while the mob was around the county ;
place OF conhnement and the indgnity
and wrong TO which ne has been subject
cd entlte him, In his opinion. to demand
damages In the sum OF $4,000
The petition IN the case was first re-
celvcd IN the Office OF the clerk OF the
United States Circuit Court four or I'VE
months ago. bus was never filed until yes
terday Sallade's counsel in Savannah
are Messrs Saussy & Saussy. He IS fur
Their represented by Mr. A. f. Eve
The ease is an unusual and interesting
one and vii doubtless draw good
audiences wien o. Is fried. The defend
ant. Il is understood. is one OF the promi-
nent business men Of Darien and McIn-
tosh county.
-------~-~e-~---