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U 4.
Mrs. James Murray Mitchell, Whose "Stop Loss"
Suit for Her Husband's Love Ended
in a
$700 Verdict
a Jury to Make One of
on Record Upon a
Lost Husband
A JURY has awarded Mrs. James
Murray Mitchell, wife of a Wall
street broker, $700 as Its esti
mate of the worth of her husband's love.
Mrs. Mitchell had sued Mrs. Ruth Aus
tin, a younger woman, for $25,000
which was her estimate of what she
thought his affection was worth. What
she received is the lowest valuation of
a man's heart ever recorded In New
York County with one notable exception,
when only six cents were awarded to
a woman who commenced a similar ac
tion some years ago.
The Mitchell decision raises a number
of unusually Interesting Questions. For
instance, with Stock Exchange seats sell
ing now for around $70,000, what was it
that determined the jury to declare a
broker's heart worth only and Just one
per cent the value of the seat? The
manner In which this and other questions
were decided was, If information that
comes directly from those most intimately
connected with the verdict and Its evolu
tion are to be believed, as interesting as '
the questions themselves. For it hap
pened that the jurymen were, almost
without exception, men thoroughly fa
miliar with stock exchange ways and
methods, and they at last argued the
points purely from a stock exchange
viewpoint.
In other words, they put themselves
in the position of brokers. Mrs. Mitchell
was their customer and Mr. Mitchell's
love the stock whose value they had to
determine.
Take, for instance, the question men
tioned. It is true that a Stock Ex
change seat is a staple institution, '
always there and, while subject to fluc
tuations, in time of panic, still never
inconsiderable In Its quoted price. But
on the other band, a man's heart is al
ways there while he's alive; it has Its
fluctuations, of course, but its value to
its owner at least Is never Inconsider
able. Ah, said the wise jury, that Is true
of the stability of the seat and true also
of the stability of the heart. But the
value of each Is In reality determined
by the quality and quantity of what they
deal with. The Stock Exchange deals
with stocks, bonds and so on; the heart
with affection, love and so on. If the
supply of good stocks decreases, and bad
stocks take their place, the value of the
Stock Exchange seat decreases. If the
Quality and quantity of emotions that
occupy what we call the heart deteriorate
then equally the value of the heart de
teriorates. A Heart' Fluctuations
(In a Love Bear Raid.
Another question Is a broker's heart
ubject to bear raids and bull raids?
Ought a wife put in a stop loss order
when she suspects that her husband's
love is on the wane? Can he call upon
her for margins from her bank account
of affections?
But before going into these and other
unique considerations that swayed the
Mitchell Jury and the final extraordinary
scene in which the heart of James Mur
ray Mitchell was bid down to $700 In true
Stock Exchange fashion, It will be nec
essary to know what led up to and was
the cause for calling in any Jury at all.
Mrs. Ruth Austin,, twenty-four year
old, and profoundly Indignant, sat an
grily in the witness chair.
"Look at her, gentlemen," said the
lawyer tor the plaintiff. "Do you not
think her alluring? Look upon those
soft brown eyes, at that exquisite figure,
melting curve Into curve, at that pouting
mouth. Behold that creamy skin, the
lovely ring-weighted hands. Could she
not allure any man? she could."
A titter from the court room. A ri
bald voice husked, "Thou, too, Brutus."
There were more titters.
Mitchell's stock stood at $25,000. Had
the jury retired at that moment, Mrs.
Mitchell would have been richer, and
her rival poorer by $25,000. But at Mrs.
Austin's determined answers Mitchell's
stock begsn to tumble.
The examination ran like this:
"How long have you known Mr. Mit
chell?" "About four years." "How did
you meet him?" "I was Introduced by
some mutual friends." "Did you ever
address Mr. Mitchell and say to him that
he must abandon his wife and come to
77ie Curious Considerations of
"Stop Loss" Orders on Affec
tions, "Margins on a Wife's
Bank of Love" and a "Heart as
a Stock Asset" That Prompted
SI I
you?" "No." "Art you in lov vrlta
himr "No."
"Did you ever entertain any love or
affection for him?" "No." "Did you
ever "peak to Mrs. Mitchell by tele
phone?" "Never." "Did she once ask
you by telephone what you wanted to
speak to her husband about, and did
you reply with profane language, it was
none of her business?" "I never did."
"Did you ever see him at the Waldorf
Astoria?" "Yes." "Was ha with his
wife?" "Yes." "Did you speak to her?"
"No." "Did you speak to him?" "Only
bowed to him." "After he separated
from his wife, didn't he discuss the mat
ter with you?" "No." "Don't you think
it would have been natural?" "I never
thought of it and he never volunteered."
"Did you ever meet any of Mrs. Mitchell's
family?" "Yea Her brother. I went
to a dance with Mr. Mitchell and him
and danced with both of them."
At this time, had the jury retired, it
would have brought in a verdict of no
damages, tor it believed Mrs.' Austin.
But then there was the testimony of
Mrs. MitchelL She repeated what ap
peared In her complaint, repeated it with
tears.
"Tell your story in your own way. Mr".
Mitchell," said her counsel. -
"I went to the Waldorf-Astoria with
my husband. It was one night about
two years ago. He had behaved very
well and was very attentive until he
saw Mrs. Austin. While I was dancing
she bowed and smiled at my husband.
She came over to him anil r-t. her arm
around the back of the c in which
he was sitting. After that he wanted
to send me home alone, but I wouldn't
go by myself.
"He consented, eulkily, to take to
home. But after we got homo he left
and did not return until five in tha
morning "
Influence of Mr. Austin
Upon Mitchell Heart Stock.
The lawyer, reading from the com
plaint: "You stated, did you not, that
after he met Mrs. Ruth Austin he became
a different man. He became estranged.
His regard and affection for 'you were
destroyed ? You said, did you not, 'that in
or about the month of May, 1913, eh in
duced and wilfully and maliciously en
ticed the said James Murray Mitchell to
desert you and your children, leaving you
without means of support, and that sh
Induced him to go to her place of abode
in the City of New York and elsewhere,
at which place and places she has since
harbored and detained the said James
Murray Mitchell against your will? Did
you so swear?"
"I did."
"Mrs. Mitchell, did you writ thla
letter?"
Mrs. Mitchell exsmlned the letter and
nodded, "Yes. sir," she said.
"I wrote that after I had summoned him
to the Domestic Relations Court to make
him support the children and myself."
The attorney read the letter
"It Instead of busying yourself running
In and out of a cafe downtown and con
suming all the liquor possible every
afternoon you would save a little money
you might not be in court so often. While
you are drinking your silly head off Aus
tin is flirting with your rivals."
The Jury looked reproachfully at Mrs.
Austin. How could she have deceived
them so with those big, brown, appealing
eyes? Mrs. Austin csst down those eyes
and looked distinctly sulky.
"A verdict sgalnst her for the limit
Twenty-five thousand it a cent," each
Juror said In his heart.
Then appeared Mr. Mitchell. The
Jurors surveyed him with interest. Tha
man about whom two women go to law
is always of interest to other men who
have led a commonplace existence. Ha
was thirty-one years old. He wss very
tall. He was reasonably handsome, but
the Jury could find flaws in his beauty.
Each believed that among their number
was one, at least, who was as handsome
as he.
"My reason for leaving my wife was
not in any way related to Mrs. Austin,"
he insisted. "My wife Is very fond of
society, She liked to go about and to
dance. She used to insist upon my so-
the Lowest
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Miss Daisy Markham, English Actress,
Whose .Verdict of $250,000 for the
Loss of the Marquis of Northampton's
Love Is the Highest Valuation Ever
Made of Any Man's Heart.
companylng her to dances and stay until
half past three in the morning. I had to
get the returns from the London stock
market at five. So I never had enough
sleep and I was breaking down. My
nervous system did break1 down. I told
toy wife that I could not stand her kind
of life and that we would better live
apart
"I have suffered reverses since the
war, but I am now supporting my wife
and children. The defendant has never
persuaded nor enticed me, by offers of
money or in any other way, to leave my
wife."
Burdened with this conflicting testi
mony the Jury retired to consider the
three points of a strange triangle of testi
mony. "What are his affections worth?" asked
an Impatient Juror. .That's all It simmers
down to. What do you think?"
" say $25,000," affirmed one.
"Twenty-flv thousand? You're crasy.
The affections of a man who Is dissatis
fied with bis home and bis wife are worth
six cents," said another.
Appalled at the difference between
these extreme estimates, others tried to
effect a compromise, a scattering bal
lot was taken. It resulted In these estl
mstes of the worth of Mr. Mitchell's af
fections: $26,000;
$10,000;
$15,000;
$160;
$76;
$06.
The battle raged. The $25,000 man and
JfkV,5,eJmB openly other.
The $10,000 man begged for a com
promise. .
"Well, gentlemen," said ons, "now thst
?. !iv tht the plaintiff ! en
titled to a verdict H ought to be essy to
7fC.'.d.e much But 'O'one ,eeras
to think differently.
One Juror "It seems to me that we
ought to apply the nrtnciDlea whiz-h
em stock transactions. We're the brok
ers, he wife's our customer, her hus-
Copyright 1915. br th. Stir Company.
Valuations
sS. ( L . Sn w f
b a n d's affec
tions are - the
stocks."
Another Jur
or "Well, in
that case, the
etock whose
value we have
to appraise Is
the husband's
affections for
the plaintiff.
Before the de
fendant came
into their lives
that stock waa
worth consid
erable no doubt
Before the defendant
started what we might call a bear raid
.norus rrom several tired Jurymen
8hes a bear! She's a bear!"). This
stock was worth considerably more than
it Is to-day. Tliia plaintiff can't expect
to get as much now for her stock as she
would have got If she had had to put it
on the market before the panic."
Another Juror "But perhaps this is
only a temporary slump. How do we
know thst if this defendant hadn't come
into the case, Mrs. Mitchell's stock would
not have appreciated In value? We ought
to take that into consideration. We are
putting a value on it and we ought to
take Into consideration the fact that the
wife might have regained some of the
loss she has sustained by reason of this
besr raid."
Another Juror "No, not at all, all we
are concerned in is the value of the stock
to-day. Bethlehem Steel may be worth
$00 a share to day and if we have to sell
It to-day all we can get for It Is $400
despite the fact that yesterday it may
have been worth $600 and to-morrow it
may be worth $1,000." '
Another Juror "That's all right, but If
the wife puts up some more margin ah
can hold onto hsr stock until the market
improves and then she can get a better
price. She claims she bad a Targe bal
ance In the bank of love. Why didn't
she put up the msrglns?
Another Juror There is no evidence
to show her husband asked for more
martins.. If she offered them and hm
Or.at Britain Rlhts ,
L l-yr.flr'frfr . - -iSssS:i I
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Mrs. Ruth Austin, Whose "Bear Raid" on Mr. Mitchell'
Heart Caused the Suit.
refused them It wasn't her fault
Another Juror "No, no, it's too 1st to
talk about more margins now. This plain
tiff ssw the value of her stock going down
and in order to ssve something out of
the wreck she put in a stop-loss order
which we are called upon now to execute.
We are the brokers. The limit having
been reached we've got to execute the
order and all we can obtain lor our cus
tomer Is the market price prevailing to
day. In my opinion this stock Isn't worth
$1,000."
Another Juror "Don't forget this stock
once paid a dividend. Don't you think
we ought to give her something for th
possibility .that the dividends might bave
been resumed if this defendant hadn't
butted In?"
"Well, all I'd vote for is $500."
Other Jurors in chorus "Six cents 1
Ten thousand dollars! A thousand dol
lars! $160!"
And there they were, back In the old
place one more. Finally the twenty
Ave thousand man gave up. He Joined
forces with ths ten thousand dollsr man!
Because they were tired and hungry they
allied themselves to the fifteen hundred
dollsr man.
As the dinner hour passed the three
yielded place to one who advocated a
verdict of $850. At this point the six
sent msn spoke harshly of and to bis
companions and refused to tslk further
with thenu He took a seat in a remote
corner, turned his chair back upon them,
placed bis feet defiantly against the wal'
and smoked.
"How about eight hundred V shouted
one of the compromisers.
His answer sounded like a series of
grunts.
"That fellow! I wouldn't give him
house room, let alone eight hundred dot
lars. He'd be expensive at eight cents."
Imprecations rrom the others. De
rision over his shoulder from the im
movable one.
A Juror mounted a bench.
"What am I bid for the heart of James
Murray Mitchell?" he chanted.
"Seven hundred seventy-five dollars."
"3olng at seven hundred seventy-five."
"Seven hundred fifty!" shouted another
In the faint vole of one a hungered.
All looked at the man who had turned
his back upon them. Was hope fsther
to the thought that his feet had slipped
to a less defiant angle?
"Seven hundred thirty-five." The feet
were slipping.
"Seven hundred twenty-five, seven hun
dred fifteen, seven hundred!"
The feet of the defiant one struck th
floor with a thud.
"All right!"
He rose, stretched, uttered something
thst rhymed unmistakably with "Oh.
well!" 'im hungry," he went on. "This
Is not worth my losing my dinner. Give
her a sympathy verdict, seven hundred,
and let's go home."
And so. by the Jurors' own tale, was
the sppralsement of the stock valu of
Mr. Mitchell's love maj
