The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-05-03
.BUSBY CASE
AGAIN in AIR
Judge Ingram, Of the Law and
Equity Court, Sets Aside
Jury's Verdict.
1.-THE PLAINTIFF MAY EXCEPT
Council, However, Has Not Yet
Determined the Matter.
Strong Opinion.

Judge John H. ingram yesterday set
aside the verdict OF the fury Of the Law
and Equity Court in the case of J. Ill.
Busby against Dawson, Bloombers and
Marks. In which the plaintiff was award
ed $4,000 damagesi lsGG..1,
The opinion of Judge Ingram Is re-.
rarded as very able legal document
and is welcomed as Il great victory ny
the counsel for the defendants
The plaintiff Is given leave to except 10
the opinion, but Mr.. w. L. Royal. lead
Ing attorney for Mr. Busby, had not
made Mn his mind on the subject when
seen last night.
THE OPINION IN FULL.
In reaching his conclusions, Judge In.
JUDGE MIGRANTS OPINION. i.
heard all the evidence in this case az =
delivered at the trial by the Wllhe sss,. q
and delivered and have since. that time
given the most careful consideration y. 70
the evidence as contained In the steI ll,,
graphic notes, and have come to tho co i
eeinsint, hat as to the defendants Marks
and Bloomberg that the eviaenc,e, iai az
short OF proving to the satisfaction o. q,
the court The conspira.ey, h az cn ana mat
Whereas thew mag be liable technically
for the publication OF the Marks letter Us ~
q libel, It did rot warrant the jury -, ~
bringing In a verdict for punitive phnl.
ages II they relied on the stat aa5,q ~
made BY Dawson that he was counsel te
for Busby. and the amount 81 ing Nel.
punitive damages, for the actual dam
ages. IL any. resulted from the paplica ga
ton of the letter we're FAR. Tar o.! pel9 ~
the amount q the damasG rred dT II not IN
structing the jury that II at ts s'h nc
Bloomberg gave the letter 70 MATHS , y, %
write and at tie time ne wroteydd, a NV
mailed 1t to seven Of Busby,s cleaitor,s :;
that they believed, and were htpest IN
that belief, that Dawson had autfbl'y 20
represent Busby in the matter. pnu III.
and relying upon Dawson's assurances 70
that effect. the letter was writer. ana ~
addition. so far as Marks was opncerI s.ti
the court should have instructed the July
that ii In writing the letter ID was as
sured by Bloo,nberg that he gas repre-
sentng Dawson, the attorney Tor busipy,
II TT 70 seven OF Busby's creditors that Re b,
acted honestly In that neirl, ahsh ~
either or both cases the Jury should have have
been directly instructed tint thsy we e.ss
and could not bring IN a yhIiet tor p 5as
nitIve damages AS the verdict IN ms
case was a joint verdict aEfinst al o. ti ie
for TIC Whole amount fou,d by the jury.
vet It is more than probsble that as tie
jury found against all the cetendant !.
s the amount OF the verdict was more OF
lass haEcd on that fat and th!s iact
alone would stronsly-iIt Iuence me court 8.
II no, compel it, to sefas!de the verdict ltt
in addition | entertain such doubt al
to the suhicicncy OF he evidence to JUS
iify the verdict agnlrst him, that In view
OF the fact that at The time In the trial
most vital to the cise-t1iat liz. the iden-
tification and test e the letter OF the 18th
OF June, on cross examination. the pam
tlfr Mr.. Busby. It the request of Ills
counsel, was stopped in the midst OF MS
cross-examinaton and taken from the
stand, with the statement for counsel
that unless a satisfactory explanation OF
the letter OF thll7th was given him py
his client he woild retire from the case.
and his subsequent statement 70 the jury
on his return ito court that lie was en-
tirely satisfied with the explanation and
that he would continue to the end or
words to that effect So that as to Daw-
SON. also, I dem it my duty to set aside
the verdict An order Will be entered
awarding all 81 the defendants new trial
in ACCORDING with the motions OF the
defendants nth leave to the plaintiff TO
except 10 tie action OF the court in this
regard.