The Monmouth inquirer., 1923-02-08
Sues For $4,000
Given Twelve Gents

Twelve cents out of $25. 900 sought
were awarded to Charles FL. Cubit, a
former member Of Reed, Yeonans and
Cubit, druggists of New York, bv a
jury before Judge Luther A. Campbell
in the Hudson county branch Of the
supreme court. The suit was brought
by Cubit against Sheriff Walter FL.
Gravatt Of Monmouth county. Under
Sheriff Mortimer v. Pach, Constable
Edward Renson Of Wall township and
Warden Edward Cashion of the county
jail at Freehold, following Cubits ar
rest by Remson on a body execution
issued after he had failed to pay a
judgment awarded against him in an
accident suit.
Cubit was confined in the Freehold
jail with other prisoners and started suit
under an old act which provided that
persons arrested for debt cannot be
confined with other prisoners. The suit
was started last june. The amount
named was 1875, 900, but, under the law
a verdict carried double damages.
Because the jury Of Monmouth eoun-
ty would be draw by Sheriff Gravatt
one of the defendants. a change of ven
ne was secured which resulted in the
transfer of the case to Fl udson county.
In September, 1920, n jury before
Justice Gummere returned a verdict
for 80, 200 against Cubit in favor of Will
liam b. Radeinan and family Of Sea
Girt. who were injured in an accident
alleged to have been caused by Cubit.
a recording to eoGrt records, Cubit fail
ed to pay the Judgment and Attorney
Charles e. Cook, of Asbury Park,
counsel for the Rademan family, OBJ
tanned a warrant authorizing body exc
cution. The order was sent to the office
of Sheriff Gravatt at Freehold and
handed to Constable Remsen for execu-
tiou. On Feb. 4 Renson asked Cubit
if lie was ready to pay the Judgment,
to which Cubit is alleged to have re-
piled that he had no money. He was
arrested and placed in an ordinary cell
at the Freehold Jail, there being no room
provided by the county board Of free
holders for persons arrested for debt.
The following day he was released thru
efforts of his attorney, John j. Quinn,
assistant prosecutor of Monmouth
county. after securing a bondsman and
filing a schedule of his possessions
according to law
Cnbit, it is alleged, claimed that the
Buick car in his possession was under
a ~clIattet mortgage for the full amount.
It he items which he declared under
oath were his only possessions, were as
follows; two suits. one overcoat, four
shirts, two suits underwear. five pair
socks, 10 handkerchiefs, two nisht-
shirts, IL collars, two pair shoes, pair
rubbers, pair rubber boots, pair house
slippers. bath robe, sweater, neckties,
Ingersol watch. five shares stock in
Lewis Publishing company, of st.
Louis, Mo-. 10 shares Of stock in the
Cubit Electric Horn company and n
Buick automobile subject to incum-
brance.
After hearing all the testimony Fri
day. Judge Campbell nonsnited Cubit
in his action toward Undersheriff
Pach and Constable Remsen, it being
held that under the law only the
sheriff andjailwarden were responsible.
After a short deliberation the jury
handed in a verdict in favor of the
defendants, but the court refused to
accept such a verdict, ordering the
jury to return and bring back a revers-
ed verdict. This time the jurors award
ed Cubit three cents each against
Sheriff Gravatt and Warden Cashion,
which, under the law carries a double
amount. making the awards six cents
each. The defendants were represent
ed by A. J. G, Stokes of Freehold. while
Attorney John O'Mara of Jersey City
appeared for Cubit.
An unusual feature following the case
was that the wives Of Sheriff Gravatt
and Under Sheriff Pach were busy re-
ceiving congratulations from friends
turnout the county on the result of
the hearing.