Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-05-11
FOUND FOR DEFENDANT
Jury In Case Of Drake VS.. Tom.
lin Renders Decision. :.
An Interesting Point Involved In Tho Suit
Administrators ouaIincs-Liquor Ii
censo Granted Restaurant * eeper Sen
To Jail For stabbing A Patron-other
Police Court Itoms.

The jury in the $4,000 damage suit Of
Hayden D. Drake. of Wilson, N. c.,
against Police Justice r.. w. Tomlin
tor alleged false Imprisonment rendered
verdict yesterday afternoon in favor
OF the defendant. The jury for a long
while stood 8 to in favor of a. verdict
for Justice Tomlin, but after much de-
liberation the three Jurors who wanted
10 give Drake nominal damages went
With the majority.
The interesting point involved IN the
case was tie civil responsibility ond II
anillty OF Justice in remandinr IN
Iail persons arrested on suspicion A
lohS lust OF instructions offered nv the
PIalhtiff were refused by Judge
,,1anckel. and the following were al
First. The jury are instructed that
ms. ,se imprisonment is unlawful deten-
ton of the person.
second. That Il judicial officer Is pro-
.eeted from civil liability unless he is
actlng without jurisdiction.
inlrd, The court instructs the Jury
Ia ~ l tney believe from the evidence
that the defendant. Robert w. Tomlin.
was. at the time of the arrest and i'm
prisonnent of the plaintiff, Drake. Po-
nee Justice of the city of Norfolk. that
the SAID Drake was arrested and carried
pefore said Police Justice and charged
nelore nm. acting in his official capaci-
W with being connected with the rob-
gerry or a United States postoffice. then
me sald Police Justice had jurisdiction
10 hold the said PLAINTIFF for a reason
apie time IN order TO Afford an Oppov-
tunity TO inquire into such offence. and
tue sara Robert w. Tomlin is not liza bic
IN damages for so doing
II Curtn. The court tpctructe +ho i,,...
that no inquiry can be made nv this
jury as to the truth or falsity of the
chargc of postonice robbery made be-
fore the defendant in his official ca
Pacity as Police Justice. nor into the
turin or falsity of or sufnciency of the
evidence before him. as the law makes
the Police Justice the Judge of these
matters, and he cannot be made liza
bic in damages for any erroneous con-
ciusion thereon ia cases within his ju-
riSdiction.
Fifth. The court fnstructs the Jury
that the mittimus in this case recitinc
that the plaintiff, Drake. was held for
examination as n suspicious character
is not conclusive evidence of the cause
OF his detention. and that the Police
Justice has a right with the prisoner
in custody before him, 10 hear any
other charges against him and to com
nit him for further examination there
on without sitting out the cause in the
mittimus."
The first two of the above were ask
ed by counsel for the plaintiff, and the
other three were offered by the de-
fence.
CORPORATION COURT.
In the Corporation Court yesterday
Sarah Jones qualified as administrators
Of the estate OF Samuel Jones. deceased.
The following appraisers were appoint
ed: John G. Tilton. r. d. Bolton and
]. A. McCarrick.
Peter MCGEE. a native of Ireland. was
granted naturalization papers
]. w. Cashin was granted a license
to carry on a retail liquor business at
No. $50 Church street.
THE POLICE COURT,
Addie Hicks. colored. who keeps an
eating house up town. went TO Jail
yesterday in default OF paying Il S2j
fine imposed upon her by Justice Tom
While sitting at her table Wednesday
night, Simmons did something Ia
arouse the displeasure of the Hicks
woman, and the latter took a knife
from the table and inflicted n bad look
ing wound upon him.
The cases OF John r. Mills and w.
z. Johnson, both colored, charged with
feioniuvs= -in-s1laatinG-and cut
ting each other were continued ten
days. Both men are still confined to
the Jail hospital.
William Steptoe was fined s11 for as
saulting and threatening to kill Lucy
IIittrcl. Both are colored.
Justice Tomlin ordered commission
OF lunacy to investigate Henry Day.
colored.