The Wagner post. (Wagner, Charles Mix County, S.D.) 1912-current, 1912-04-12
MISS MERCY GETS
$4,000 VERDIST
University of Chicago Must Pay
for SANDER Against the
Girl With $3.50 Hat.

Chicago, April S.-The jury in the
case of Miss Esther Mercy In her
slander suit against Miss Marion Tai
bot, dean or women at the University
of Chicago. for 800, 600 damages. today
returned a verdict giving the plaintiff
judgment for 50, 500.
The case went to the jury late yes
terday. After the jury had been out
more than three hours, Judge Pomeroy
adjourned court until 10 o'clock this
morning.
The Instructions of Judge Pomeroy
held that:
The university has the right to
establish such standards or conduct
for its students as the faculty may
see fit.
If the jury believes that Dean Tall
bott's words to Miss Mercy were
and not with express malice, the YER
dict should be not guilty. The plain
tiff a proved nc special damages
and that If the words were uttered in
good faith and without malice the
plaintiff is not entitled to damages.
Says Miss Mercy Is Liar.
Attorney Walker in his arguments
made a. severe attack on Miss Mercy
and her fiance, Warren Reynolds.
II have shown you gentlemen that
this woman las lied and lied while
she has been on this witness stand"
shouted Attorney Walker.
How long do you think she would
have remained at the university If
they had known about Reynolds, the
married fiance? I say that she would
not have remained there a minute.
Gentlemen, what Is the purpose of this
~scandalous case? 1 have noticed the
conduct of this plaintiff day after day,
~- ~L> IL A
gentlemen, and you can see what we
have a to contend with.
disgusting Case" Ends.
She knew she lied when she old
you gentlemen that she did not in
tend to go on the stage. She has mis-
represented and lied all through this
case. She's made a failure in every
school, in every place and in life. This
disgusting case, gentlemen, ends as far
as l am concerned"
Attorney Jennings, in his opening
arguments to the jury, made an i'm
passioned plea in behalf of Miss
Mercy.
Attorney Walker has called this
girl a bad girl and has gone through
his case bespatter1ng her with mire,"
said Attorney Jennings. IF this case
Brother Walker who has helped adver-
tise it and 1 leave that fact to you gen.
tlemen to decide.
They didn't have the nerve to
charge this bad girl with the crime
that they have insinuated she has been
guilty of. Now, gentlemen, this bad
girl comes to you with a plain story
of the language that she says was
used there. OF course, the defense
denied using the words that we have
charged"
When the sealed verdict was opened
and read, the crowd in the court room
cheered family while Miss Mercy, her
mother n her fance, Walter Rey-
nolds, smiled.
"Of course, I am satisfied, with the
verdict of the jury" she said. IT would
have been satisfied with any kind Of a
judgment, as long as it indicated me.
which this verdict has DONE"
History of CAGE.
The SANDER suit had it's inception in
the disappearance of a bunch Of aiger-
cites from a $3.50 hat owned by Miss
Mercy, while she was living at the
home of a relative of Dean Albion w.
Small, Of the University Of Chicago,
and attending the institution as a stu
dent.
Miss Mercy alleged that when she re-
ported the loss she was threatened with
arrest, If she made the matter public.
Later Miss Mercy was expelled from
the university by Dean Talbot after a
stormy interview in the course of
which the student say the official
made remark rejecting on her charac-
ter.
Miss Talbot denied this charge and
declared that Miss Mercy was expelled
because her veracity had been brought
into question.