The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-05-25
$500 DAMAGES
Mrs. McKenna Receivers
From Mrs. Algeo for
Her Husbands
Affections.
JUSTICE COLLINS'S CHARGE
Strongly for the Defendant,
the Verdict Was a
Surprise.
JUSTICE COLLINS'S CHARGE

Mrs. Josephii McKenna, wife of former
Detective John E. McKenna of the Lacka-
wanna Railroad, received a verdict of
$1,000 from Mrs Barbara Algeon, of No.
1923 Park avenue, Hoboken, at the hands
of the jury in the Supreme Court late
yesterday afternoon. She sued for $4,000
damages The jury were out about an
hour and the verdict came more or less
of surprise, particularly after the charge
of Justice Collins, which was strongly in
favor of the defendant, so much SO, in the
opinion of Counsellor w. II. Speer, Jr.,
for the defendant, that he had an excep-
tion to the charge, as a whole, noted on
the record.
Counsellors John 1. Weller, for the
plaintiff, and Mr.. Speer argued their re-
spective sides of the case for an hour
each. Both were strong efforts. Mr..
Speer's invective directed against Nc
Kenna was very bitter and he asked the
jury to give exemplary damages ITO show
that a married man in this community
cannot run around with women, other
than their wives, TO their own shame and
the disgrace of their families
Justice Collins told the jury in the be-
ginning of his charge that it was quite
important that they understand the
natuer of the suit as it was not common
ly brought. ''It is not a suit for criminal
conversation" said he, "and if that ele-
ment is in the case it is in it only as an
incident This is not a suit for support,
for the law provides another remedy. II
damages are to be awarded they can be
awarded only for the deprivation of COM
panionehip. or to use the term of the
law, consortium. 1t makes no dlnerence
what the relations of Mckenna ana the
defendant were, except in so far as those
relations throw light on the subject Oh
alienation, for unless it was Mrs. Algeo
who alienated the affections of Mekenna
from his wife, Mrs. McKenna cannot re-
cover. Keep constantly in mind the issue
you are to try and if you find that the
plaintiff has proved her case, you VIII
find how much she is damaged and Wnat
exemplary damages there should pe as
preventive of like conduct in others.
..It is admitted that in June, 1899, Nc
Freu.sa separated from his wife, ana never
ex. ut short intervals; did he return,
and tt..{ his affections ror her had ceased
van will consider what brought that
about. Unless you find that the defendant
is responsible, your verdict should be for
the defendant. McKenna says that MRS.
Algeo had nothing to do with MS loss
of affection for his wife, that their re-
lations for years had not been pleasant,
that she was jealous of him and DID not
treat him as a wife should. The par
ticular occasion of his going away was
her jealousy, he says, for a person whom
she describes and who was not Mrs
Algeo. Mrs. McKenna's brother has tes-
tilted to the manner of life of the plain
tiff and defendant.
s.On the other hand, the plaintiff and
some of her daughters say that Mekenna
was affectionate and that there was no
trouble between them and that they never
saw their mother in liquor. If you f1nd
that McKenna left his wife and stayed
away because of her conduct toward him.
that his affection was alienated for that
reason. and that she lost his directions
for any other reason not furnished by
Mrs. Algeo, you must find for the de-
fendant."
Justice Collins then referred to the IN
cidents leading up to the visit paid py
Mrs. McKenna to the house of Mrs.
Algeo, and the fact that both had asked
him to leave the house
1T would make no UlIeI6HCes NIL M
Kenna said," continued Justice Collins,
..according to his testimony, where he
went. his wife would make him trouble
anyway Mrs. Algeo's continuing to per-
init McKenna to remain, If in fact he was
q boarder, is only a circumstance. A man
separated from his wife must live some
where. Even if it was not a wise thing
TO stay on McKenna's part or wise for
Mrs. Algeo to permit him to remain, you
win consider. Because Mrs. Algeo's hus-
band left her only a life estate so long
as she remained his widow is nothing
against her Many estimable men leave
their estates so for fear of other men en-
joying them
The Court directed attention to the tes-
timony of the two girl servants who testi-
fed against Mrs. Algeo as to compromis-
ing situations they had seen between Nc
Kenna and the widow, and how the testi-
mony of one was discredited by showing
that she got her employment by telling
q lie and lost it by stealing.
s.This is an important case" Justice
Collins said in conclusion, important to
both plaintiff and defendant. You must
be careful to see it's Importance and pro-
tect or recompense. If you regard the
case as proved you shall find for the
plaintiff otherwise for the defendant" ["
Messrs Weller & Lichtenstein said to-
day that they would move to set aside
the verdict at once.