The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1909-06-07
.LOOT|NG STORIES
STRONGLY DENIED
Mrs. John c. Wright Says She
Took Goods From billions Store
But Paid for Them.

! Under an important ruling handed
down by Judge Mandell, Saturday
morning. the three co-defendants,
Adolphus F1xel, A. KroIik & Co. and
Burnham, Stoepel & Co, are eliminat-
ed from Hugh billions suit 10 recover
$4,000 paid Craig. Wright & Walker.
adjusters, for adjusting the Dillon fire
losses, and the case will now proceed
against Craig, Wright & Walker alone.
AS TO the three codeferdants the
court directed the jury TO render a yer.
dict OF no cause for action.
This means that the case will proh.
ably last for at least two weeks longer.
IL has already consumed about thre.
weeks. The trial has been one OF the
most sensational in the annals of the
circuit court. Serious charges were
made by the Dillons-Hugh Dillon and
wife-against some OF the defendants.
alleging they had helped themselves
10 goods at will during the FIRE sale.
Arguments on the motion to take
the case from the jury occupied all Of
Friday. While reserving his decision.
Judge Mandell directed Craig. Wright
& Walker TO be prepared TO go on
with their defense Saturday morning
Accordingly the trial was resumed
Immediately after the court had rend-
cred his decision.
Judge Mandell's decision was COM
plete exoneration for Adolph Fixel.
credit man for Krolik & Co, was large.
ly blamed by Dillon for engineering the
alleged conspiracy by which he was
deprived of his insurance policies, and
Craig, Wright & Walker paid big
fee for adjusting the loss.
Judge Mandelps Decision.
Judge Mandell In his decision, saya
in part: These defendants ara
charged, TO speak in a general way,
with having Joined with the defend
ants, Craig Wright & Walker in an un-
lawful conspiracy 10 fraudulently de-
prive plaintiff of $4,000 Of his insur.
ance money, and with the unlawful
conversions OF insurance moneys
There Is no positive proof that there
ever was an understanding between
the defendants TO commit a fraud upon
the plaintiff bat plaintiff claims that
such an undertaking is established by
inference from the acts and conduct
, of the defendants. find and determine
that the evidence construed most un.
favorably against the defendants fails
TO raise a presumption against them
under the charges and wording OF the
narr and the jury would be unwar-
ranted In holding them guilty.
II also find that the plaintiff secured
through authorized agents a settle
ment that was advantageous TO him
self and involving a loss 10 these de.
| PENDANTS at a time when be entertain
ed a secret and purposely undisclosei
intention Of subsequently claiming
damages for wrorgs which he seeks
| in this suit to recover. BY his sill
ence he sought to gain an advantage.
and under the approval doctrine thac
one cannot be permitted TO gain an
advantage by remaining silent when IT
is his duty 20 speak out. the plaintiff
is now estopped from urging his fur.
Their damage, and from denying tha.
the settlement effected was OF all out.
standing claims.
For these reasons feel constraln-
ed 10 grant the motions and q verdict
OF rot guilty will be directed as 70 the
plaintiffs. Adolph Fixel, Burnham.
Stoepcl G. Co. and Krolik & Co"
The most interesting witness for the
defense Saturday was Mrs. John c.
Wright. wife Of one Of the defendants
Her testimony was a complete denial
Of the testimony OF the billions re-
earding the lootng Of the store
Mrs Wright admitted visiting the
store with the wives OF the other mem.
bers OF her husbands firm. ard select
ing goods. She saws she was escortel
about the store By Mrs. Dill IN. AMI
SHOWN the goods she desired 20 500.
She selected a bill Of goods which
amounted TO $3.50. and this was paid
lfor at Oncthird value. as per agree.
ment. before abe left the store.
Mrs Wright had with her he list
of goods she selected which Included
linens. silks, cotton. bolts OF ribbons
and laces. and wearing apparel She
contradictcd the testimony Of Mrs.
Dillon tina; she almost completely de.
nuded the millinery department OF
plumes She said she got only one
plume. ard found when she got hnme
that it had been broken and piece
- -
Wore IL not so scarce, helium. &C.
cording to a German scientist. would
be ideal for balloons. being neutral and
ngp.iu n a N ma bla and HAVING almost