Charges Right Against Hoey

The case of Leander Alley vs. Daniel Hoey went to the jury at 1:30 Monday. The defendant brought some western horses into Dexter, and Alley depreciated their value to an acquaintance. Hoey gave him a bad thrashing. Alley sued for damages. An effort was made to settle the case, but Alley would not take anything less than $1,000. Hoey wouldn't give it, hence the trial.

Judge Kinne gave the jury a charge under which they could not help but give the plaintiff some damages. Said he in substance: "Under the undisputed evidence in this case, the plaintiff is entitled to a verdict. You must look to the extent, character and nature of the injuries and assess the damages. For the actual, physical and material injuries, there can be no defense to this action. But you can consider the circumstances, the irritation or provocation to the defendant, if he had any, as a mitigation of exemplary damages. You must award the plaintiff just such damages as you deem to be a full and just compensation for the wrongs he has suffered at the hands of the defendant."