Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-03-11
GAMBLER IS VICTOR
IN SUIT BROUGHT
BY MRS. BYF|E[D
Verdict Quickly Returned Aft
er Recharge Is Delivered
Appeal Planned on Grounds
Of Alleged Error

A verdict denying damages to Mrs
Clyde X. Byfield in her 100000 suit
against Walter T. Gambler was re
turned Monday morning in Dekalt
superior court, at Decatur, thirty
minutes after the jury had been re
charged by Judge John B. Hutche'
SON.
- AS the verdict was announced-at
SOS o'clock-Mrs. Byfield began
Weeping and she was almost hysteri-
cal as she was led from the court
room by her father, Ben 2. GILES.
pie, and her brother, +. 2. Gillespie
Her mother accompanied her. The
group got into an automobile and
drove Off
Former Governor Ohm NJ Slaton'
representing Mrs. Byfield, announc,
ed that the verdict would be appealed
on the grounds that the judges
charge did not cover several points
for which a request had been made.
The suit charged that Mrs. Bytleld
was attacked by Mr.. Gambler while
they were fellow passengers on the
Berengaria, en- route to Europe, IN
the summer of 1922.
No Comment on Verdict
Neither principal made any state
ment concerning the verdict. Mrs
Byfield was too overcome to talk
with newspapermen, and Mr.. Can
dler. who was accompanied by his
father, Asa G. Gambler, ST., did not
comment on the verdict. They talk
ed animatedly with Mr.. Gamblers at
torneys, however, and appeared well
pleased with the verdict
The jury resumed it's deliberations
. at S:35 o'clock Monday morning, aft
er it had been fecharged. Substantl-
ally the same points were covered
bv Judge Hutchinson as were out
lined Saturday afternoon before the
case was given the jury after three
DAYS devoted to evidence and argu-
ment by counsel.
Few Spectators III court
Only a few spectators were In the
court room when the jury filed into
its box shortly before 8 o'clock. Mrs.
Byfield, her husband and parents
were there, having arrived at
o'clock, and Mr.. Gambler and his IA
cher, Asa G. Gambler, ST., also were
on hand Attorneys for both sides
put in their appearance around
o'clock.
The jury had been expected to
come back to the courthouse at Z
o'clock, but was delayed in obtain
ing breakfast and Judge Hutchinson
did not mount the bench until a
few minutes before s o'clock. He
conferred with former Governor Sla-
ton, representing Mrs. Byheld, and
Attorney Reuben Arnold, leading
counsel for Mr.. Gambler, and then
delivered the second charge.
The jury spent d d"eary Sunday
in the Decatur courthouse, being
confined to the building practically
all day on account of Indictment
weather. They made three trips out
for meals, while Sheriff j. A. Nc
Curdys Office was busy with tele
phone calls inquiring if verdict
had been reached.
After celebrating five hours Sat
urday night, the jury asked for
rccharge, but it was five minutes
after midnight before a court ste
nographer could be procured, and
Judge Hutcheson. accordingly, ruled
that he must wait until Monday
morning for such purpose.
The case reached the jury at 6:2'
o'clock Saturday evening, after an
entire day given over to arguments
/ The trial opened Thursday morning
with the first two days devoted to
y Il