Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-02-20
VERDICT FOR DEFENDANT.
Jury Decided in Favor Of james Crossan In
Suit Brought by !. u. Urrbuner

VthUlUl run UeftNUANI.
Jury Decided in Favor Of James Crossan in
Suit Brought by !. y. Iicrbuner
John Edward Hcrhcncr was arrested
February year ago on charge of
stealing articles that belonged to
James Crossan, and had hearing be-
fore Magistrate Williamson Mt Hockes
sin, by whom he was dismissed. He
has sued Crossan before the Superior
Court for 5000 damages, alleging
malicious prosecution. l.. Irving
Handy represents Iierbener, and j.
Harvey Whiieman, Crossan.
llebener lives at Newark, and his
business is that Of preparing memorials.
He learns who have died in family
and presents to the family memorials
for their purchase if they see fit. He
employs an assistant and they canvass
the country districts. While they were
so engaged year or more ago,
Crossan's house was robbed Of bank
notes, woman S underwear and iewelry
to the value of about 500. A man
had visited Crossan's and Mrs Crossan
thought his horsn looked like one that
Herhener owned. That appeared to
have been the chief reason for suspicion
against him.
IltIDtIltT NltNIbTtU lIlHl lUt HTbNtEu-
ton had ruined his business in the
neighborhood and for many miles
around.
The witnesses examined wera Will
liam Pfeitfcr, John Hamilton, Jennie
Herbener, Mary Shellender, Mrs.
Elizabeth Pierce, Magistrate George
Medill, Andrew J. Mote, John r.
Armstrong, II. G. Brown, Joseph
Nichols, Alice Herbener, George Her
bener and John Edward Horhcrer.
The case of Harry Meals admins
traitor VS.. the Wilmington 4 New
Castle Railway Co., went to the jury
in Superior Court Thursday. Plaintiff
seek to recover $40, LOCO for Meals
death, which was caused by live
l'wirc on November 18th, 1900. At yes
/ terday weeks session, William w.
Knox, life insurance man, said the
expectancy of life of ~ years old
| man was about 10 years, Neal was u
colored nan and MIR. Knox could rot
say whether the same life tables APP
plec to colnred rs we'll rs white men.
/ Mcssrs. Hilles. Richards and Rein
hardt represent the plaintiff, and
Messrs. Ponder and Curtis, the com
pany.
Mr.. Curtis moved for non-suit,
which the court refused. The defence
claims that reasonable care was used
| in removing the broken wire. These
| witnesses were examined for the de
| fence:
Samuel H. Tins, Benjamin f. Black
burn, Emmett Simon, Theodore w.
Hanf, Jesse A. Mckay, Smith II.
Hewitt, John Till, William Myers,
Charles II. Clewell, John " Deener,
Frank l.. Cleaver, John A. Collins,
Albert !. Swan and William O'Neal.
| The defence offered testimony which
tended to throw doubt on Meals
parentage, but Mr.. Hilles maintained
that it had nothing to do with the
case and the court agreed with him.
| Mayor John A. Collins of Delaware
City said that Neal was INDECENT and
| for Il time was hermit on the out
skirts of Delaware City. The witness
had carried messages about settling
the case to Meals administrators from
Peter L. Cooper, Jr., who was counsel
| for the trolley company until his death.
Mr.. O'Neal said that Neal was lazy,
yet admitted he had worked nine years
at fishing. Mr.. Hilles thought that
was pretty good for an 1s-years-old
| boy.
The case of John Edward Herbener
| VS.. James Crossan for alleged malicious
| prosecution went to a jury in Superior
| Court on the charge of Judge William
! ii. Boyce about Il o'clock yesterday. l..
| Irving Handy, for the plaintiff, and j,
! Harvey Whiteman for the defendant,
argued before the jury.
| Tuesday afternoon, Mr.. Whiteman
asked the court to instruct the jury to
return verdict for Mr.. Crossan, on
the ground that there was probable
cause for the issuance of the warrant
| for Herbener's arrest. lie claimed that
in common law motion for non
suit could be made at any time before
a verdict was reached. The court ruled
that that was not the practice here,
and refused to grant the motion.
In charging the jury yesterday
malicious prosecution it is incumbent
upon the plaintiff to prove that he
| has been prosecuted by the defendant
as alleged in his declaration, and that
said prosecution has terminated in his
favor: that the prosecution was insti-
tuted by the defendant maliciously and
without probable cause; and that he
has by reason thereof sustained dam
ages. If the plaintiff has failed to
| satisfy you by prepondeTance of evil
| dence as TO any one of these essential
| elements necessary TO the maintenance
of this action, he cannot recover
Both attorneys noted exceptions to
the charge.
After the Jury had been out about
80 minutes, it was brought into court
and Juror Daniel W. Taylor told the
court that the jurors differed rs to the
courts charge concerning probable
cause. Judge Boyce then re-read to the
jury the charge on that point, and it
retired again.
In five minutes the jury returned
verdict for the defendant. At the re-
quest of Mr.. Handy, the jurors were