The Nome nugget., 1903-11-14
Case of PreSt yS. Rich.
 ards and Others.
AN ABJECT FAILURE
Of the Plaintiffs Council to Make Out a Case--PartOOk of
 the FarCiCal.

Thrown out of court, neck and heels, was the fate that overlook the case brought last spring by John McGinn. as attorney for one John James Prest, against Frank II. Richards, United States marshal, Albert J. Lowe, deputy marshal, and J. F. A. Strong, propre- tor of this paper.
 On Thursday, after consuming about four hours of the time of the court and a jury, the case against Defendant Strong was dismissed, and an hour later, on motion of the defendant 5 at torneys Ira D. OrtOn and George B. Grigsby, the court directed the jury to return verdict for the other defend ants without leaving their seats. In the case of Defendant Strong the court stated that there was no evidence what soever to in anyway connect him with the case at bar. In the case of the other defendants the court held that they had acted under the authority of law, and as officers of the law had done only their duty in arresting Prest.
 When jury had been secured Thurs day morning, Attorney C. D. Murane explained that McGinn had sore throat" and was not able to be present. MT. Murane stated also that the plain tiff would expressly withdraw the clauses of the plaintiffs complaint, in which it was alleged that the defend ants had ''willfuly and maliciously con- spired to deprive Plaintiff Prest of his liberty, and that the action would be for false imprisonment only.
 Prest was arrested on Feb. 2, last on warrant sworn out by Deputy Mar shal Lowe, and he was confined in jail On an examination into his alleged in- sanity, he was discharged. A few weeks later McGinn, for Prest began an action for $25, ,000 damages against the defendants, and for a reason that | will be apparent to most every body, named the proprietor of this paper as one of the defendants
 The plaintiffs attorneys called as wit nesses the plaintiff himself, A. J. Lowe, Marshal Richards and J. F. A. Strong. Prest testified as to his arrest and inn prisonment for five days in the federal jail. Witness Strong denied pOintedly that he had ever directly procured the arrest of the plaintiff on the charge of insanity or on any other charge. He didn't make good witness for the plaintiff.
 Marshal Richards and Deputy Mar shal Lowe told of the arrest of Prest: both said that up to that time Prest was unknown to them: Prest was arrest ed on warrant sworn out in regular form by the district court, and the date of Prest's examination was stated in the warrant. Attorney Orton asked that the warrant and petition be placed in evidence. McGinn, who was present in the afternoon, protested but he was overruled, the court stating that the warrant had been regularly issued, and gave the officers executing it the right to do so, beyond the shadow of a doubt. Then without the defense introducing any witnesses, Mr. Orton asked that the jury be directed to return a verdict for the defendants. The court so or dered, and the verdict was entered.
 An action for damages will be begun against Prest on the ground of mali cious prosecution by one of the defend ants, although it is believed that he was merely the nominal plaintiff.