The Price of a Malicious Prosecution
A Port Townsend banker is ordered to pay heavy damages after a failed criminal case ruins a businessman's reputation.
T. J. Nolton was awarded $20,000 damages against F. M. Wade, of Tacoma, and W. F. Erving, of Port Townsend. The Port Townsend National Bank and L. H. Pontius, the other defendants, were exonerated. Last December, Nolton drew a draft on C. P. Mclnnes, of Los Angeles, for $2,750, which was subsequently returned protested. Erving caused a warrant to be issued, and Nolton was arrested on a charge of obtaining money under false pretenses. Nolton, after his acquittal, instituted proceedings for malicious prosecution, damage to reputation, and injury to business. The ablest counsel in the Northwest were employed and the case was hotly contested for six days. Nolton was associated with leading influential capitalists of Los Angeles in Mexican mining enterprises when Erving preferred the charges.
“Nolton, after his acquittal, instituted proceedings for malicious prosecution, damage to reputation, and injury to business.”
This case highlights the extreme leverage local elites held in the 1890s through the criminal court system to settle business disputes. Today, such a conflict would be relegated to civil litigation, but the power dynamic of 'malicious prosecution' remains a relevant legal touchstone for those with the resources to pursue justice against institutional overreach.
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