The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-28
Superior C0urt-Part First.
Before Chief Justice Oakley,


ACTION FOR MALICIOUS OBSERVATION-DISCLOSURES
AMONG LAWYERS.
Ger. rs -Luci,ts T.. Buckley Us Eugene Ketet-
tas, G. cambridge Smith, aud Jas. IL. Brush
This was an action for damages for malicious pro.
secutioD. The parties are all members Of the legal
profession and the cause, ii will be recollected,
tried on former occasion, when the jury rendered
verdict for So, 100 in favor Of the plaintiff The
verdict was appealed from, on exceptions taken to
the charge of the Judge tVanderpoel), before whom
1t was tried; it went ultimately to the Court Of
Appeals, where the majority Of that tribunal
directed new trial on the exceptions taken. 1t
L. Brady stated the for the plaintiff, from
which it appeared that the parties had formerly
been on terms of intimacy; that Mr.. Bulkeey and
pute arose between Mr. Bulkeey's driver and Mr.
keteltas, rs to the priority of their respective
riages, when an alteration ensued, which terni
mated in Mr. Keteitas assaultng Mr.. Bulkeley's
driver with a whip. An action was Brought
by tie driver, whose name was Bradley, against Mr.
Keteltas, and Mr. Bulkeley was the attorney in the
cause. The jury found verdict Of 500 for Brad
ley, and II Mr. Keteltas had paid that amount this
present case would never have been heard Of II he
had been advised by any lawyer not connected with
him, instead of consulting Mr. G. Banhridge Smith,
thls sonin law, and one of the defendants in this
suit) he would have been advised to pay it. Mr..
Edward Sanford who tried the cause for Bradley,
called Mr.. Buckley to the stand to testify to GER
tain fact objection was made to the admissi5il-
ity OF his evidence, but it was overrued. Mr. Bulk
eey ives questioned as to his interest in the suit and
what was stated by him in that examination will be
testified to by Mr.. Edward Sanford this trial as
it was on the last. Mr. Bulkeley stated on that ex-
animation that he had interest in the result Of that
trial and the jury would see by the evidence whether
In his statement he had committed wilful and de-
liberae perjury On the 2lst of June, 1919, Mr Bulk
eey sent notice TO Mr. Kctetas that he had received
an assignment ofthe Judgment from Bradley and that
the payment to him (Bulkeley) alone would be sa-
tisfactory. On day or two after that notice was
served, Mr. Brush one of the defendants, called at
the Office of Buckley and said that no be-
half ef Mr.. Smith. Mr.. Buckley complained Of
Smith, and said he would have nothing to do with
him. Brush said he also came in behalf Of Mr..
Keteltas, and offered Bukeley $50 in full settle
ment for the verdict aud costs. Bulkclcy resisted
the proposition to settie and secng afterwards that
there was an effort the part of the defendants TO
pay Bradley. and to prevent him from handling the
money, tbwarted them in their design, and soon
Afterwards the criminal prosecution against him
was ret on foot Mr.. Buckley offered, on the
tien of the Judgment, and it not being paid he
Issued an execution, which greatly offended a
man or the position and great wealth Of Mr.
Kete,tas. On the 23d Of June. 1913, Mr.. Eugene
his brother, William A. Keteltss md Bradley. TO
the effect HIT Bulkeley had sworn on tho trial that
he bad no peouniary interest in the result of the
trial, and that he had promised Bradley that ho
would nCs change him anything for his professional
servicss in the suit Counsel on to detail the
circumstances vi The prosecution Of the painsf for
perjury the exposure TO which he was subjected nv
the publication of the case ia the newspapers And
his (Mr Bulkeey's,) being imm ediately discharged
from the complaint by the Recorder.
The Chief Justice suggested that tho evidence
Of the last trial aready IN print, IL would save
time IT. each witness vas called to the stand his
testimony was read TO him and then asked if Il Vas
correct To this Mr.. +. Il Cutting, on the part Of
Mr Keteltas Mr. j. w Gerard, for Mr.. Brush
And Mr. 9 II Smith who nnpfatg IN person, cen
ssassd- The case Is still on.