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   COURT DISMISSES
       SUIT FOR $10,000

   Slander Case Inspired by
  Mislaid Quarter Is Settled
           Outside.

   A stipulation for dismissal of the
suit that has been pending in the
local superior court for more than
a year in which Miss Leland Nail
sought to recover $10,000 damages
from the metropolitan 5c to 50c
Stores, Inc., and G. W. Wagner,
manager, for slander, was filed in


the court yesterday and the case
was dismissed of record, thereby
disposing of a suit that has aroused
considerable interest locally.
   Miss Nail brought the suit in May
of last year and charged that while
she was employed as sales woman
at the Metropolitan 5c to 50c store
on South First street, San Jose, a
25-cent piece was mislaid and not
put in the case register and that
G. W. Wagner, manager of the store
accused her of stealing it before
other employes and patrons and
called in a police officer who
searcher her but failed to find the
coin and Wagner discharged her
from the employ of the store to her
humiliation and shame.  She charges
that his conduct was malicious and
with intent to digrace and defame
her and she sought to recover $10,-
000 damages from the Metropolitan
store and from Wagner, its mana-
ger.
   Wagner denied the charges and
said that Miss Nail suggested to
the police officer that he might
search her and all he did was to
place his hand in one of her pockets
and that the coin was subsequently
found in an envelope in a wast
paper basket near by.
   The amount that the case was 
compromised for or the settlement
that was made could not be learned
last evening from the attorneys or
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