The Washington herald., 1909-03-18
District Attorney Awarded
Ten Thousand Dollars.
RESULT OF ADVERTISEMENT
Chief Justice CIabaugb Decides that
Defendants Writings Implied the
PIninti1 Had Received Money from
BOOkmakers-Jury Delfberates an
HOur-Verdict Is Unanimous.

torney Daniel W. Baker. yesterday aft
ernoon, by the jury OF Circuit Court No.
=. on the completion Of the libel suit
brought by him against Brainard H.
Warner. in which he sued for &0,G1O.
The suit was based on an article pub
lished by Mr.. Warner as a paid advertise
ment in The Washington Herald in
March, 1SOs. which, according 70 the de-
cision Of Chief Justice Clabaugh, implied
that the district attorney had received
money from bOokmakers Of the Benning
race track 10 grant them immunity froIp
prosecution.
After celebrating for less than an hour,
the Jury returned to the court room at
4 o'clock and announced a unanimous
verdict as TO the amount TO which the
plaintiff was entitled. according to the
evidence Of the case. The character and
the amount Of damages were the only
questions submitted to them. as according /
70 the ruling OF the court the article IN
question was. libelous per Sc. and Chief
Justice Clabaugh had instructed the jury
10 render verdict against the defendant
Sealed Verdict Expected.
When the members Of the jury left the
courtroom it was the general opinion that
they would not be able 70 reach a deci-
sion before court adjourned. and that
their verdict would be sealed and deliv-
cred TO the clerk OF the court. TO be an
nounced this morning. For this reason
the court room was nearly empty when
word was received that the twelve men
had passed upon the mass OF evidence
presented 10 them during the past three
weeks and had agreed among themselves
upon the extent 10 which the district at
tOrney had been damaged by the publics-
ton Of Mr.. Warmers advertisement
The amount awarded was about double
that which was generally anticipated. and
came as a surprise 10 almost every one
present. Mr.. Baker smiled. Mr. Warner
frowned. but Mr.. Darlington never moved
an eyelash as the verdict OF the jury was
announced by its foreman. Hearty con-
gTatulatiOns were bestowed upon Mr
Baker and his attorneys by their friends
in the court room upon their success at
the trial.
Within a few minutes after the verdict
was announced every one left the court
room. well pleased that the long trial
was finally over
Bakers Counsel Pleased.
D
Baker. declared 70 a reporter for The
Washington Herald:
I'VE are more than pleased with the
verdict It is a complete vindication for
our client. We consider It as message
10 the people OF the District that jaries
Of this community will not permit a pub
lie Official to be libeled with impunity."
Counsel for the defendant will to-day
offer to the court q motion IN arrest Of
Judgment on the grounds stated by Mr..
Darlington In his former motion asking
for verdict for the defendant. The for
mer motion was refused by the court on
the grounds that il was not made at the
proper time II this motion "a arrest OF
judgment, arguing that the declaration in
the case was defective. IS not allowed
an appeal on the numerous exceptions
taken during the course Of the trial will
be made 10 the Court Of Appeals OF the
District
At the opening OF the hearings in the
morning Mr.. Darlington began his state
ment 10 the jury by saying that his posi-
ton IN the case was not an agreeable one
as his relations with the plaintln had
been close. and he had been counsel for
the defendant for many years
Explains Position.
Some lawyers" he said. refuse 10
take cases in which other lawyers are in
volved. But would regard it as a sad
rejection on our profession II we were so
banded together that when one Of US
brings an action against a private citizen.
the rest of us should refrain from taking
part in the case.
He declared that in his opinion Mr.. Ba-
ker did not bring the suit TO get Mr..
Warmers money. nor for revenge. but to
crush a political rival who had gone
against the machine in Montgomery
County. with signal success. The poIiti-
cal element in the case. he said, was re-
spOnsible for the fact that there bad been
so much bitterness in IL.
Knowing that Mr. Davis. Of counsel for
the defense, was 10 follow him, and evi-
IDENTIFY apprehensive Of his weiI-recog-
niZed ability in jury cases, he tried to dis
count this by warning the jury that II
was about 10 receive "a rare treat in an
address filled with humor. sarcasm. and
invectiYe." and cautioned them 10 receive !
It cOolly. and TO decide the case absolutely
devoid of any emotions which might be
aroused in them by the address they were
about to hear.
Attorney Davis fully justified every
thing that was expected of him. For
more than an hour he held the close at
tention Of the jury in a forceful and elo-
quent address, in which every legitimate
device Of forensic art was used 10 place
the case OF his client in the most favor
able light possible
Argues for Defense.
Mr.. Warner was several times made
the object Of his telling sarcasm. but
the greater part Of his statement was
confined 10 defense Of Attorney Bakers
action In the matter Of prosecuting the
bookmakers, and to impressing upon the
jury an appreciation Of the injury. which
he declared had been done 70 his client
by the publication that the court had
held TO be libelous. AS he took his seat
he was congratulated by many of the
attorneys present in the court room
In his charge TO the jury. Chief Justice
ClabaUgh declared that the only thing
they were 10 consider was the amount
OF damages and the testimony, he said
was 10 decide the intent or malice on the
part Of the defendant and whether com
pensatory or punitive damages should
be awarded
Mr. Warner Not Perturbed.
Mr.. Warner was apparently not per-
turbed by the verdict OF $4,000 returned
against him. He seemed 70 feel assured
that it would be some time at feast be-