38 N.Y. 248, Fitch v. Snedaker
| Date | 01 June 1868 |
| Citation | 38 N.Y. 248 |
| Docket Number | . |
| Parties | ABRAM FITCH and PROSSER JONES, Appellants, v. ADRASTUS SNEDAKER, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Page 248
CLERKE, J.
In consequence of the murder of a woman in the county of Wayne, on the 25th September, 1859, the Governor offered a reward, on the 3d of October following, of $500, to any person or persons "who would give such information as should lead to the apprehension and conviction" of the murderers. On the 14th of October, the defendant, as sheriff of the said county, offered a reward of $200, in addition to that offered by the governor, to any person or persons "who will give such information as shall lead to the apprehension and conviction of the person or persons guilty of the murder, etc. "
On the trial, Jones, one of the plaintiffs, testified that he gave information of the murder on the 26th of September, the day the woman was found dead. Several questions were asked of this witness, relative to the person to whom he gave this information, and relative to other information which he had given in relation to the murder and the murderer, before the reward was offered, or before he heard of it. The judge at the Circuit sustained the objection and excluded
Page 249
the evidence. This was correct. It is palpably unnecessary to refer to authority to show, that any information given by the plaintiffs previous to the offer of the reward could not entitle them to the benefit of it. The defendant, as sheriff, contracted for information to be thereafter given. He did not promise to reward any person for past information gratuitously given. In fact, no part of the plaintiff's conduct was in reference to the reward. Jones expressly says so in his testimony before the county judge. He says: "I told what I knew prior to the 11th October, 1859; all that I told of, I did without reference to any reward, and without expectation of receiving any reward for so telling; I did it for the public good. " For this gratuitous service to the State, this patriot now claims the benefit of the reward.
The complaint was properly dismissed. The judgment should be affirmed, with costs.
WOODRUFF, J.
On the 14th of October, 1859, the defendant caused a notice to be published, offering a reward of two hundred dollars * * "to any person or persons who will give such information as shall lead to the apprehension and conviction of the person or persons guilty of the murder of" a certain unknown female.
On the 15th day of October before the plaintiffs had seen or heard of the offer of this reward, one Fee was arrested and put in jail, and though not in terms so stated, the case warrants the inference, that, by means of the evidence given by the plaintiffs on his trial and their efforts to procure testimony, Fee was convicted.
This action is brought to recover the reward so offered. On the trial the plaintiffs proved the publication of the notice, and then proposed to prove that they gave information before the notice was known to them, which led to the arrest of Fee. This evidence was excluded. The plaintiffs then offered to prove, that, with a view to this reward, they spent time and money, made disclosures to the district attorney, to the grand jury and to the court on the trial after Fee was in jail, and that, without their effort, evidence and exertion,
Page 250
no indictment or conviction could have been had. This evidence was excluded.
The court thereupon directed a nonsuit.
It is entirely clear, that, in order to entitle any person to the reward offered in this case, he must give such information as shall lead...
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