70 Mo. App. 651 | Mo. Ct. App. | 1897
This action is for malicious prosecution in causing plaintiff’s arrest and imprisonment on a charge of stealing a saddle, in which plaintiff sued defendant for $4,000 damages, and recovered at the trial a judgment for $40.
“Richards, Mo., July 24, 1895..
To the Marshal of Chelsea:
“Dear Sir:—There was an extra Texas saddle tree red leather saddle with trimmings of black bull raised on fender, saddle worth about $30 or $35 stolen from near Richards, Mo., July 22; there was two men' left the county same time they drove a black with white face one gray, had bowes on wagon also gasoline stove in wagon with a red tin can and pipe and stove, 2 trunks; description of men one 45 years, black eyes, black mustach, about 6 ft., and sullen complexion; one man 18 or 20, black eyes, red hair, rather slender, left eye being blacked from baseball, will stop in or near Chelsea, I. T. for a few days with a family by the name of James Truell. Search for saddle if you find such saddle wire to Arthur Kaufman, Richards, Mo., at once.
“There is a reward offered for saddle also thief.
‘ ‘ Yery respectfully,
“Arthur Kaufman. ’ ’
He received the following telegram from the marshal in response to the letter:
“To Arthur Kaufman, Bicharás, Mo.;
“I have your men caught. They confess, but have not the saddle. Advise what you want done with them. ' Boot Millee, City Marshal.”
When he received this telegram he took it to the city of Nevada and laid it and other circumstances in his knowledge before the prosecuting attorney. That officer advised him to begin the prosecution. He hesitated about making the affidavit, but the attorney told him it was the only thing to be done if a prosecution was to be instituted. They then went before a magistrate who after hearing the statement and reading the telegram from the officer advised defendant to begin the prosecution. A warrant was issued by the magistrate and plaintiff was arrested and brought back to Nevada. He was kept in jail there for something more than a week, when he was discharged, without having had ah examination, at the suggestion of the prosecuting attorney. The delay in the examination was caused by high waters preventing the constable from serving subpoenas. The dismissal of the case was the result of the prosecuting attorney learning that no substantial testimony could be produced to convict plaintiff on the charge.
In view of the entire evidence we regard the verdict of the jury as without substantial support. The amounjt of the verdict is a half confession of this. If defendant is guilty of a malicious prosecution without probable cause he should have been held to compensate him for the wrong so committed. The verdict of $40 was no compensation to be rendered by a man to one whom he had accused of felony without reasonable cause or provocation. The judgment will be reversed.