New-York tribune., 1919-05-22
Chaloner Gets
$4,000 Verdict
Against ''Post %
Believes Victory in New
York Court Is First Step
to Recovery of Control
of His Property Here

John Armstrong Chaloner, adjudged
insane in New York and sane in Vir-
ginia, was awarded 100000 damages in
his action for libel against "The New
York Evening Post" by jury before
Judge A. N. Hand in the Federal Dis
trict Court yesterday.
The alleged libel appeared in an
editorial ter years ago. The plain
tiff charged that this editorial was de-
signed to reflect upon him in connec-
ton with the death OF .Lohn Guillard,
a farm hand, who was shot and killec
in the home Of Chaloner, at Merry
Mills, Virginia. Former United States
Attorney George NJ. Curtis, jr., was
trial counsel for Mr.. Chaloner.
Immediately after Foreman Charles
Ballin announced the verdict William
Wherry, attorney for the newspaper,
moved that it be set aside on the
ground that it was excessive and
against the weight of evidence. Judge
Hand took the matter under advise
ment and gave Mr.. Wherry three days
in which to submit briefs The plain
tiff will then have a like time to file
briefs in answer. The jury returned
the verdict after fifty minutes of con-
sideration.
Mr.. Chaloner declared his intention
of pressing libel suits he has pending
against Clown Topics" and "The New
York Times" and then continued:
Felt Sure of Verdict
when I went to the Offices of my
attorneys, short time after the jury
retired, l was asked whether my sub
consciousness had informed me of the
outcome of the trial. told them that
before l left my home at Merry Mills
my subconscious instinct told me that
! would receive a verdict in the neigh
borhood of $4,000. | would rather
have that 100000 verdict and the cues
ton Of my sanity left to jury than
100000. Out of this tragedy has grown
the chance | longed for-to vindicate
myself before New York jury. This
has brought me much nearer to the
control of my estate
Jurors Much Impressed
Several of the jurors later said they
were much impressed with the keen
mentality of Mr.. Chaloner while he was
on the witness stand for two days. They
said that his quick answers to all
questions put to him convinced them
that he was sane and perfectly capable
Of taking care Of his own affairs.
Judge Hand in his charge reiterated
what he had held all through the trial,
that the mental status Of the plaintiff
was on trial and it was for the jury
to determine what that was and how
much weight should be given to his
testimony. He also charged that the
language of the editorial was libcllous
in itself.
Last night Mr.. Chaloner sent the fol
lowing telegram to about twenty friends
in the South:
Opponent claimed was insane.
Court left sanity to jury. Jury found
me sane and gave 100000 damages.
Prefer this to 100000 without sanity
o. X" (Signed) CHALONER."
After Mr. Whcrry had finished his
summation, Mr.. Chaloner presented
him with poem, "Gladiator Versus
Retiarius," which he has dedicated to
his "redoubtablc adversary in Chaloncr
VS.. New York Evening Post"
The verses follow:
Their tintinnabuiations sweetty rlse--
hear Helfa belts resonant ana sonoreI
Before the curtain rises fore our eyea
Before tho air is thick with battlca
roar
shrewd was the passage of our arms to-
day ~ "
shrewd were tho thrusts shrewd Whcrrv
made me-
MS sNiii st frncD can can true uaInsav
re pnt me on my rnettle---did WhArry
Twas Gladiator 'gainst Hetiarjus~~
Against tho man with trident and dread
net ~ " "N'"''
thing .ss deadly as the ,asso plus
fts Whistls near my ear ri meier foruett
. /. ms er enjoyed n day more in my lifc =
than this Same day of most cpochal strife
Mr.. Chaloner said the first nuatrain
was written before he went into court
for cross-examination and the rest
after the days session, when he had
kaan - 'N~ A~~A