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Three Large Suits

Three Large Suits image
Parent Issue
Day
17
Month
February
Year
1899
Copyright
Public Domain
OCR Text

Fcmr of our prominent merchauts nd Marshal Sweet were Monday made defendauts in the $10,000 damage nits brought against them. The snits grow out of an attempted enforcement f the transient traders' ordinance in Dctober 1897 and are commenced by juther L. James, Patrick Sloan and Sdward Croarkin, who formed a copartnership and opened a clothing tore in this city. Each sues separatey for damages. The defendants in ach case are Zenus Sweet, 'William C. teinhardt, Walter C. Mack, Delbert joodspeed and Ohas. W. Wagner. The ilaintiff's attorneys are Arthur Brown and O. E. Bntterfleld. The declaration in each of the three ases is the same and stripped of a few egal phraseologies sets forth that the 'plaiutiff aow is a good, trne, honest, usfc and faithful citizen of this state, and as snch hatb always behaved and condncted himself, and hath not ever ieen guilty or, nntil the time of coinmitting the several grievanees by the aid defendauts as hereinafter menioned, been snspected to have been gnilty of any offense against the tatntes and laws of the state of Micbgan or against the ordinances of the city of Ann Arbor, by means whereof , ie, the said plaintiff, before the committing of the said several grievanees by the said defendants hereinaf ter menioned, had deservedly obtained and aequired the good opinión and credit of lis neighbors and other good and wortby citizens of this state. Yet the aid defendants well knowing the )remises bnt contriving and malicously intending to injnre the said laintiff in his aforesaid good name, 'ame and credit and to bring him into public scandal, infainy and disgrace and to canse him to be imprisoned for a longspaceof time, andthereby to imwverisb, oppress and wholly min him ïeretof ore towit : On the 80th day of October at Ann Arbor, in the ounty of Washtenaw went and apjeared before one John L. Du ff y , Esq., hen and there being one of the justices of the peace of the city of Ann Arbor, uly elected to keep the peace of the people in and for the connty of Washenaw and also to hear and determine divers crimes, treaspasses, misdemeanors and violations of the ordinances of he city of Ann Arbor and then and here bef ore the said John L. Dnffy, 'alsely and malicionsly and without any reasonable or probable canse whatover, charged the said plaintiff and caused the said plaintiff to be charged vith having willfully and nnlawfnlly plied the vocation of traiisient trader n the said city of Ann Arbor, without flrst obtaining a license thorefor con;rary to the provisions of ono of the ordinances of the said city of Ann Arjor relativo to transient traders, aud upon such charge, they, the said defendants, falsely and maliciously and without reasonable or probable canso whatsoever, caused and procured the said John L. Duffy, to make, grant and issno his certain warrant under his hand and seal for theapprehendiug and taking of the said plaiutiff aud for bringing hini before him to be dealt with accordiug to law for the said supposed offense; and the said deiendants under and by yirtue of the said warrant on October 30, 1897, wrongfully and unjnstly and without any reasonable or probable cause whatsoever, caused and procured the said plaintiff to be arrested by his body and to be imprisoued and kept and detained in prison for a long space of time, to-wit: For the spaee of one hour then next following, and until they, the said defeudauts oansed and procured the said plaintiff to be carried and conveyed in custody before the said John L. Dnffy and to be committed by the said justic for a further examination to a certaiu jail or prison in the said county of Wnshtfitiaw. " The declaration continúes tbat the plaintiff was kept and detained in this jail for fonr days until Nov. ; 8, wheu he was taken before the justice for ex umination. The defendants are charged with "then and there falsely and inalicionsly and without any prob able cause whatsoever and by frauc cansiug and procuring the said plain tiff to be found guilty of the charge aforesaid and fraudulent procuring he said piaintiff to be sentenced by tho said jnstice to pay a fine of $15 am 4.03 oosts," or to be confined in jai uutil paid n.ot exceeding 1 5 days. The declaration charges that the defendants theu caused the plaintiff to be kept in jail for frwo days until he was compelled to pay "a large sum of money to-wit; the sum of $50, "and to take proceedings to have the case determined in the circuit court, wbere on Dec. 1, 1897, it was determiued tbat he was not guilty of the supposed offense and he was discharged from cnstody fully acquitted and that the case was never carried up. A further count charges that the plaintiff's credit and reputation have been injnred and that divers citizens to whom his innocence was unknown still suspect him of having violated a city ordinauce and that he has been forced to la? out $500 for dfenUng himeell The third connt charges Sweet with naking a complaint against the plain;iff nnder an ordinance which had been declared nnconstitutional by the snreme eonrt, after having been advised by the city attorney that the plaintiff vas not amenable to the ordinance. After the city attorney had refnsed to jrosecute the coinplaint, the defendants aie charged with procuring "from certain citizens of the city of Ann Arbor, with whom they had been and were craftily and wickedly conspiring o injure the sald plaintiff asaforesaid, a bond or obligation in the stim of 5,000 tobe paid to said defeudant Sweet" to iiidemnify Sweet from all snitrf, jodgments and coats, and employed an attorney who was not an officer of the city to carry on and conduct the prosecution. The bill also charges that the jurors who tried the iase had been before consulted with }y the defendants relative to the merite of the case and had signed the bond aud were known to the defendants to x disqualified to act as jnrors. Por all of which each of the three plaintiffs ask for $10,000 damages.