The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-12-14
INNOCENT, GETS
$25,OOOAWARD
F0RJAILMISERY
Former Canadian Pacific En-
. ployec Treated Brutally,
Says Judge Mayer.
COURT DECLINES TO
SET ASIDE VERDICT

\ decision handed down in the United
States District Court here by Judge
Mayer T., fusing to set aside YER
dict for $4,000 against the Canadian
Pacific Railway for malicious prosecu-
ton reveals a remarkable series of facts
brought out in connection with the trial Of
n suit of David J. Black. an American
citizen. against the railroad company. In
concluding his opinion that the verdict
was not excessive Judge Mayer said
"Can it be- said that the mental dis
tress OF an intelligent. Industrious honest
man, earning $1,000 rer annum, is to be
measured by standard different than
would apply to man OF larger earning
capacity? Indeed. II there were to be
distinctions In such respects In cases
of this character they would more likely
he in favor Of tho humber man, because
he would probably have much greater DIFF
hculty In overcoming the effects of n pros
ecution than would man Of greater
force and power
The testimony showed that Black got
employment In the fall of 1911 as station
agent at Wyclffe. in the Canadian North
west. and his salary and commissions
amounted to between $50 and 800
monthly. He not only had entire charge
OF the ticket. freight and express business
Of his office but was responsible for three
flag stations. received and transmitted
the contents of telegraph messages by tele
phone had to keep certain records In con-
nection with a mine and also performed
duties relating to shipments OF lumber.
Va safe Furnished.
For time during his incumbency
Black couldn't get the necessary station
cry TO make his reports and also was
compelled to carry on his person .he
money taken in by him because the
company neglected to provide a safe. II
was established beyond question at the
trial that the only accurate method of
determining the correctness of Blacks re-
ports was to check up his reports OF
moneys received with his weekly reports.
After he had been at work about six
months Black got leave OF absence to
attend his fathers funeral In Buffalo. lie
returned later and few months after
ward got leave to go to the bedside of his
mother. who was critically i'll. \ month
sfterward he sent word from Buffalo that
h. had decided not to return To the en-
ploy OF the company. and got work in a
motor plant there.
In July, 1913. the index finger of his left
hand was taken off in an accident in the
motor plant. and while the wound was
healing he was arrested by Canadian
PaCidc detective A. a fugitive from jus
tice. Black protested his innocence. but
charge of stealing 1894 was made
against him. His sister offered to deposit
tho amount Of the alleged defalcation in
Buffalo bank pending an examinaii ion of
his accounts, but this offer was refused.
TrIckcd Across Border.
II was then arranged that the Buffalo
proceedings would be dismissed and Black
would go voluntarily to a county seat In
Canada, ZOO miles away. where a war
rant for his arrest had been issued. and
would there go over his accounts. and
that during the trip he was to have ac-
commoddtiuns In dining and sleeping cars
and ne treated as a free man. in addition
TO having medical treatment for his
wounded hand
Judge Mayer said the railroad com.
pany never intended to carry out this
agreement, since IA letter from the de-
tcctive to his chief stated that Black
would be put under restraint as soon as
ne got across the border
The evidence fully warranted the CON
clusion that Black was to he trvked
a''o>s the border on a promise which was
TO lie broken" said the court
IN police station there three DAYS; he
Was not permitted to communicate with
IN" American Consul or his attorney and
wa not able TO obtain medical service
although he requested it, Then. treatej
IN every way as II no was criminal"
said the court, BLACK was hailed through
IN" streets by another detective, and i'm
the evening was put In a day coach. hand
cutted. The detective wouldn't remove
,he nandcuns until the pain of Blacks in
1ured hand became so great that he
threatened to appeal to the passengers for
renet. Then at | ~ NJ the detective re-
leased Blacks sore hand but chained his
right hand TO the seat"
I've WAS kept thus chained day and night
durlng the trip except when he Wen, IN his
meals. His request that a physician he
calsd 10 dress his hand was again de-
MED, Judge Mayer said Black was
treated about as brutally and outrage.
ousN as one man can treat another. and
worse II anything. than II he had be- n
desperate criminal"
In jail n Month.
NrilN'ng at the destination. Black u,s
N'p' H JAN a month awaiting trial and
When u was held the case against HIM
was 50 weak II was dismissed on the SHOW
ing mad" by the prosecution and Hl,"L
wasn't even called to testify The travel,
ing auditor Tor the railroad admitted 4,
mistake had been made Black, howevor
defend him "'' "
After he had been freed Rlacl, anpIjed
TO N" railroad ftr Transportation hone
10 hunHI", in accordance with TN. aprae
mem ny which n" was "tricked across
IN" border, but this was refused and
hlh'k h'd. to make his way back on his
own resource. no
=. This outline in cold tyne" said Judge