Daily capital journal. (Salem, Oregon) 1903-1919, 1914-02-10
DAMAGE SUIT ON TRIAL
IN SUPERIOR COURT
Dick Would Recover on Ground He Was
Arrested and Wrongfully Detained
in Silverton.
KAY IS SAID TO HAVE
BEEN RESPONSIBLE FOR 1T
Special Agent Is Alleged to Have Or
dered Action Taken Against Plain
tiff in Present Case.

morning was taken up with hearing the
damage case of John N. Dick against
L. Yates, and some interesting testi-
mony was gwen by about dozen wit
nesses for the plaintiff.
Dick is suing Yates, the latter being
the city marshal of Silverton, to recov-
er damages in the sum of $l17S for al
legged wrongful arrest and detention on
the charge Of transporting and carry
ing liquor in dry territory not proper
ly labeled. The plaintiff, in his COM
plant, sets forth two causes for action.
He first swore that the defendant
wrongfully and without cause arrested
him in Silverton last July, and detained
him at the Silverton police headquar-
ters for over two hours, thus humihat-
ing and unlawfully Furnishing him to
the extent that he was damaged in the
sum of $525.
As the second cause for action, Dick
alleges that there was a criminal com.
plant filed against him, and he was
wrOngfully arrested for the second time
and tried and dismissed before Justice
Hoblett. He asks damages in the sum
of 1927 on these grounds.
Kay Responsible.
According to the testimony given
this morning by several companions Of
the plaintiff, who were present at the
time of the arrest, crowd of young
men had visited Mt. Angel in the after
noon and were returning home in The
evening with bottles of beer, which they
intended to take to their homes. Mar
shal Yates approached Dick, it was said
and asked the plaintiff what he wal
carrying, and when the latter told him
the officer arrested Dick and took hin
to the police station. Dr. F. T. Wright
man, of Silverton, furnished bail in thu
sum of $25 for Dick, and, according tt
the testimony, the plaintiff was takeI
before Judge Heblitt, and, upon motion
of the city attorney, the case was dis
missed.
While on the stand this morning
Police Judge Heblitt testified that Ton
Kay, Governor Vests special agent
engaged purposely to run down boot
leggers, was responsible for Dicks an
rest, he having been instrumental il
inducing Marshal Yates to swear to tn
complaint and arrest the plaintiff.
Ringo Asks Questions.
County Attorney Ringo, counsel 70
Yates asked the witness how drunk h
was, how much "booze" he dram
while in Mt. Angel, and whether or no
he intended to drink the beer he ha
when arrested Attorney George G
Bingham, for the plaintiff, objected t
these questions one after another, an
Judge Kelly sustained all of the objeC
tions.
Finally Attorney Ringo moved for
non.suit on the grounds the plaintiff
. failed to introduce sufficient evidence
to constitute a cause for action. Judg
Kelly promptly overruled the motiol
without comment.
A Silverton man was called to tn
stand who has been doing street worl
in Silverton, and under whom Dick hat
been working. He was questioned b,
Attorney Bingham shortly as to Dick :
reputation, ETC., when Attorney Ring,
took the witness.
Are you in the habit Of allowing
liquor around your camp, and to per
nit your men to get drunk9" inquiret
the county attorney. "I see no mate
riality in that question" objected At
torney Bingham. "Neitber do l. " saic
the court, "and the objection will b,
sustained"
Attorney Van valkenberp, Of Silver
ton, was also representing the defend
ant. The case will 60 to the jury som'
time this afternoon.