The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1914-04-07
JURY UNABLE TO
AGREE IN BIC
DAMAGE SUIT
After Celebrating All Night
Jurors with Heavy Eyes De-
liver Western Meat Com
pany Case Back to Court.

After having remained out an night.
the jury In the case of George Etocn
against the Western Meat company.
for $4,000 damages, reported 20
Judge Reynolds this morning that d;
was unable Ia reach an agreement.
The Jury was discharged. II retired
with the case az $3.50 o'clock yester-
day afternoon and reported nt l0:A5
o'clock this morning,
n is not nov how the jury TODD.
The jurymen showed In their faces the
evidence OF their long deliberation,
and slccpless night They had been
served with meals IN the jury room.
This is the first case of an all-nigni
jury session AZ this term OF court
Juries IN civil actions rarely. if ever,
I remain out longer Than the one IN
this case under amy circumstances. as
a night passed without az agreement
is more or less conclusive evidence 81
a hopeless division, and almost in
yariabiy calls for "a discharge OF the
jury. A. The last term of court "a jury
went out az fo'clocd one afternoon
and stayed out until S;30 the next
morning, but on that occasion an
agreement crowned the long session.
Etoch claimed damages Tor alleged
malicious prosecution. Two years ugo
he kept "a restaurant on Central ave-
nue. two doors below the present New
Mexico cafe. and contracted @ bin
with she Western Meat company. A
/ clerk In the employ Of the company
named Ortrga. after several cole o.
ton calls on Etoch, had HIM arrest q
on "a charge Of obtaining goods under
false %prstenses. This was IN Doccin-
Der. 1912 Two days later Justice n
the Peace Mcclellan dismissed the ac-
ton.
Etoch. in hts snit, conteudcd that
Ortera, acting for the company. made
him the victim OF malicious %prosecu-
ton and hat the company was Liable
for the damages he claimed the
company's defense was that Ortegi
acted on his own responsibility in the
matter. and that the company NOT Hul'
did not Instruct him 10 take ans suel
action bat WAS ignorant Of his intcn-
ton 90 sd proved
W. g.. Hescock and q h. Moor,
were Etoch's lawyers and the mclI
company was represented by g. s.
Klock. u Is understood that the cas-.
VIII be- pressed To "a second triul
Passenger sues 4. e. a ;. a.
Mrs. q. ". sawyer. through her al.
torney. NJ. g. spicor, nlod suit today
against the A. r a +. D. Railway
company for $4,000 damages She al'
leRos tina last July "a she bought
ticket here for Trinidad, Colo, and
boarded train 40. 2 The conductoI
took her ticket, she alleges and gay'
her a receipt check. At Las Negne,
Is alleged. another conductor ap.
preached her and demanded f, ucke
from that point. In nsWer 10 ne.
statement that she had already giNei
up "a ticket TO Trinidad. the secon,
conductor D. alleged To have address II
abusive language 90 her, and at Ration
she says. she was put on the trail
and turned over TO three policemen
Amer ten minutes detention, she al
legcs. she vas allowed 90 board an.
same train and proceed upon her way
Mrs. sawyer be- elderly, n ndit
lclaimed that the occurrence brough
On "a nervous attack from the cnec'
of which She was confined 10 her be-
for several days.
Probate Court.
In the probate court today, Judg
John Baron Burg appointed Mr..
Eilzabsth Trauth guardian Of the per
sons and estStc of her three childre.
Laurence r. Lee vas appointed ao
minisirator Of the estate OF }. =
J Lliy.
The will Of Charles n. Gleckler VI