The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-19
MRS. MILLS WINS.
Is Given a Verdict for Twelve
Hundred Dollars.
Jeweler Swearingen Must Pay
for Her Assault.
CASE HARD FOUGHT.
Jury Found Every Point in Fa-
vor OF Woman.
Mrs. Mills Pleased With Result
of Trial.

Clara B. Mills was today awarded
Judgment against Frak w. Swearin-
gen and wife for $1,205 damages for
personal injuries and malicious prose
cution. On the first count, asking So
600 damages for injuries sustained
when the plaintiff was beaten, kicked
and bitten by Swearingen in his Jew
| elry store, the woman received SO o.
Il On the second count also for $4,000,
the jury gave Mrs. Mills judgment for
$500 for malicious prosecution when
Swearingen caused the woman's arrest
in police court on charge OF stealing
a ring.
The case went to the jury shortly
Il after 1 o'clock Thursday afternoon.
/ Nine ballots were taken before the
/ jury finally reached verdict at IL
Il O'Clock this morning. On the first ball
| lot, three jurors contended for $1,000
! damages. Three others were for $3.50.
Il None voted for the defendants. 1t was
| a tedious, hard fought contest in the
| jury room in which the twelve men
I finally agreed on a verdict.
/ At 11:10 the jury reported to Judge
| Dana. Their verdict as affecting the
1 two defendants was not approved by
| the court and the jury returned to re-
| pair their work. They had agreed on
| the amount which Mrs. Mills should
receive, but Judge Dana instructed
| them that on the first count, the judg-
ment should be against Swearingen
| and his wife, but on the second count,
| Swearingen alone could be held re-
| sponsible. Fifteen minutes later the
jury returned with its revised verdict.
Attorney Ferry was the only lawyer in
/ the case who was present when the
verdict was read. Mrs. Anna E. Morey,
mother of the plaintiff, was also in
| the court room. But Mrs. Mills had
left the building an hour earlier. Mrs.
| Morey was elated.
! DOran ArraignS Swearingen.
In his closing argument to the jury
/ Thursday afternoon, 7. F. DOran of
plaintiffs counsel, administered to
| Swearingen one of the most severe and
| burning arraignments that has been
| heard in a Shawnee county court in
| months. He characterized Swearingen
as a modern Shylock. Dramatically
! he portrayed to the jury how a miser-
| " and oppressive merchant had ex-
| tracted his pound of f1eSh-eYen to the
last drop of blood-at the expense of
an innocent and defenselesS little
woman. So singing was Doran's ar
| raignment that Swearingen could not
| withstand the attack Twice he left
| the court room. News of Doran's i'm
passoned speech was passed through
the corridors of the building and the
| court room soon filed with persons
anxious to hear the impressive closing
argument in the sensational suit.
Instructions of the court had been
very fair to the defense. In fact the
lawyers for the plaintiff complained
of a few of the legal constructions of
tracked their attentions to the in
structions and devoted almost their
entire hour to a relentless criticism of
SWearingen's questionable tactics. He
was abused for stopping the payment
of the check. He was scored without
mercy for his mistreatment of Mrs.
Mills when she visited the store to in
quire why the garage bill was not
paid. Then the attorneys questioned
Swearingen's testimony on the witness
40 I1@E h. I@ -
made a fair and impartial statement
of his case to the city attorney when
he asked for warrant for Mrs. Mills
arrest on charge of stealing a ring.
Relied on Courts Instructions.
Otis Hungate for the defense, found
the courts instructions his fairest
harbor. He spent much of his time
interpreting the courts charge to
the jury and argued that the jury
could not follow the instructions and
find for the plaintiff. He made a
good speech, but could not overcome
the impression in the minds of the
jury from the evidence of witnesses
who told of Swearingen's attack and
treatment of Mrs. Mills.
A number of special questions TO
the jury were submitted by the de-
Tense. But the jury found an answer
for all of them. 1t divided the YER
dict, awarded exemplary damages,
judgment for humiliation, personal
injury, pain and suffering, injury to
personal feelings and mental anguish. |
Text of the Verdict.
The jury's findings were as follows:
Personal injury under the first
count, $500.
Physical pain and suffering under J
the first count, 500.
Mental anguish, first count, $50.
Injuries to plaintiffs feelings under
first count $50.
Expense Of an attorney under sec
end count, SIS.
Humiliation and injury to plaintiffs |
feelings under second count, 500.
Loss of health by plaintiff under |
second count, $25
Exemplary damages to plaintiff I'M |
der second count, $500.
Exemplary damages to plaintiff |
under first county, $500.
After the plaintiff went to the store
of the defendants on August e. 1910, |
did she take into her possession a ring |
box =. and take it from the store with
her?' was asked by Otis Hungate in |
his special question to the jury
Yes answered the jury
WAS the ring box she took from
the store one which she had before !
delivered to Miss Sipes as agent of the |
defendant. F. w. Swearingen?"
Yes"
What facts if any. do you find the
defendant, F. w. Swearingen failed to |
inform Mr. Ralston. city attorney, prior |
~ OAiiPAe1AI, winch
concerned the taking of the ruby ring |
and ring box?'
He failed to inform the city attorney |
that plaintiff did not take ring from the |
store and he further failed to inform |
the city attorney that the ring box |
that plaintiff took from the store was |
the ring box that the ring sold to L. |
V. Mills was returned to the defendant |
in"
After plaintiff went to the store of |
the defendants, on August 26, 1910, did /
she take into her Possession a ruby |
ring?"
No"
Mrs. Mills smiled Gemure little
smile when told of the iury's verdict
Her face showed plainly the ordeal of
the trial and worry over the outcome
of the suit
IL an, Glad To hnar L ,r.or ..-..l