The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-20
ACCUSED OF TAKING BRIDES
MONEY sOUGHT 10 me RECOTERED By
AN Ex-pRITER or A CAR.


All tho scnts outside the railing in the
Seventh District Civil Court werc occupied yes
terday by street car conductors and drivers out
! Of work or on duty. Tho suit in which they
were Interested was one instituted 10y John
| Whclan against Henry 4. Newell to recover 80
| Justice Iugersoll was on the bench. and ak
| jurors heard tho testimony Whean is street
| car driver employed. until last month. by tho
! broadway and Seventh Avenue Railroad Conn
! pany and Newell is the Assistant Superincnd-
/ cut Of tho company. Whelnu's allegation in his
complaint was that he had paid the money
I In installments of IS MS n consideration for
! Newcll's influence in keeping him constantly
! nj work and on good ear. known among
] drivcrs rs "trippcr" He began work In July.
1873. and in January. 1874, he paid Newell, ne
! said his first s.. and the understanding that no
| then had was that he was 90 pay 81 every month
| for the first year. and the same amount every
two months in the next two years. He CONF
| piled literally with the agreement he asserted.
and paid his last installment on the 9Th of jan
unry last. when the wages Of the drivers wcre
| reduced. and illness afflicted his family. he
could not pay amy more He was suspended on
the ist ult., and his resignation was h'"ut'I
ON the 9th. Soon aftorward hc instituted
the suit to recover The money TIM, ne
! HIS watch 10 got money to pay the expenses OF
thn suit. on Saturday Inst the ease was called
aud Whclan gave his testimony. which was in
subsistence the same NJ the aegat .ou- in MS
complaint. Ills chief witness was William H.
Bake, formerly starter emI,oy " tle
pany. lie corrobotacd Nhelnu. and said that
the Lowing of monthly assessments ON the
New,lrs benefit WIS q fact well known on the
ropd ANA that those who did not submit 10 II
length OF time He had himself paid money To
Newell. he said. In tho form of loans. AMI the
cons liberation he received therefor WIS his pro,
motion 30 the position OF starter. hc dehtcq
tNat no WAS discharged because he collected
money from the employees and said TINT ne
charses against newell to President Fdshay
Whran was called e. the stand y'siIifd"y 20
! Then Mr. Newell was calnd tn testify in his
books In when were Kept the accounts o. ihe
employees and the nunlhcr OF the penalties jpn;
Wsclan ib e.auss he haiod tod with tears In bis
eyrs.a pathetic story out % VII" and iouf cnll-
drcu. and tina, be- had discharged him ha'mu-e
he would not obey orders ana h""au-e he bad
told lie. In the six yeurs that Nheau was
rntulIv|d he was suspsrdrd twelve times the
first time for running his ear nNi "a minute
ahead of time and for swift hing uu improperly,
and the other times Tor allowing stho 'ln'h 20
drive his car for driving last ana not ring ng
the bell for passengers on the front platform.
loailng. and Tor otherwise breaking the rules OF
Whehrv5r he was suspended" Mr.. Newell
said hr cumc 20 me with his piiiiul story ana
said that he had no means OF earning bread inr
! although kept saying. Don't follow me- he
would gen HIS story. and nua!y II induced me
rs il tru" that Whenn ever paid you money
as he says % the company's lawyer asked.
, is it true that you put your hands behind
i your back and took money from him =
: lid YOU. ever take money from him in any
! manner or in any place y
". sir; In no place in my life
4 Did you ever oiIer for a consideration 10 put
/ him or keep him on a trippcr. or any other
/. | ~" M sir"
] ..1ll Blake ever give you money!
, Did Blake or any other person hand you
4 money IN an envelope
1 Did any envelopes with money in them ever
j "Oh. yes. In my letter box I've found en-
1 | velopes with IS or $40 in them. Some OF the
notes that were with the money had fictitious
! names signed to them. Those | handed TO the
| ployeos that knew | returned IN the senders.
. | and told them hat Their, WAS mo- need oi sending
/ The money To the sender 10 SHOWN nor to give
. to the President II not known. never mad
. an agent. and ! never authorized anybody to
4 Mr.. Newell contradicted Bako's testimony
% nul said that nothing like % certain converse.
n ton had occurred. ana nothing hAd occurred
4 that could be- tortured into such conversation.
4 lie had SELECTED the prqsm2'i2n OF BlnkG 2s
u car and Blake bad told Q story ABOUT siee
Y Newell burst into tears. and said; My child
Y is dead, just before she died she called me- 10
/ the bedside and said. Papa | want you 90
o. mike me one promise. Turn over "a new leaf
$ and don't be- "a bad man. Doe a Z loO man | gave
= that promise. and | want 70 keen IT, | don't
IA want TO be n conductor any longer acause Il
a Fo~hay heard Blake's story. and Blake was
n promoted 10 be- one OF tho starters
- on the REORGANIZATION Mr.. Newell nd
n mited that charges were made against lin 10y
y Blake in 1874 and that he was investigated
Il complaint q several drivers who had been dis
II charged. The charges were that he had re-
,- low Weed. John J. Bradley. and jacob Sharpe
Al heard the charges and eNonerated Newell
o never received any letters with money until
4 after Blake was discharged. after the iuvesiiga.
a ton" Newell said. Then they cnme In NJ In
: were at least nfty. / don't know why the,
n came. but / suppose that the drivers thought
- uh olirIs ithu s,hl lA1nny anu .iHl u WIS ne
< essary Tor them To- do the same thing IN order
5 Hes guilty; That's enough to send you t.
State prison. interrupted on" Of the dis
II charged drivers rising from the seat that b.,
had taken within the railing. His face WIS ash,
~ Beg your pardon. Judge. but" he contin
ued hut he was ppt out by court officers beior'
Y he could complet6 the sentence. Before the wit
4 ness had finished telling how Wholan had in
Il ducod him 10 sign recommendation auothc
n discharged driver jumped from Ills scat and
H.. facing the Jury said: "Gentlrmen' You mustn'
" mind what that man says. relative OF mine
IS WIS" Before he could finish he was put GU
e President Foshay followed Mr., Newell on h,
II witness stand. He said that he DISCHARGE
m thoroughly satisfied TINT he had received mono,
. from drivers Tor fares. He would not helley
n Blake under onth. OF the money that he ha,
a received from Newell g. WINS from n discharge,
" conductor, $40 from ono Blake. who refused &
e take II back aul the rest from employees who's
ID names he could not recall or who could not BIZ
N found. There were about twelve letters viii
n money handed 10 him.
# Then Time Inspector wilkins and eich
s other employees of the company were called t.
6 iWpeach tho character Of WheHn ana that ID
ar Blake The testimony WIS that they could no
N be believed under oath. John Benson. "a driver
NJ said thai he had paid money ~ Startor Blpk
H. for favOrs, the amounts being s. and $40 OF dlf
ie ierent times, which WAS never returned. Iamr
y kerns. conductor OF car 81 Of which Whelai
10 was driver. said that Wheian had asked him t.
IS steal fares 10 divide. saying that he used to &c
m 81 q day from former conductors.
rs Newell's lawyer asked Justice lnGersoll Il
Is direct the jury to give verdict Tor the de
le PENDANT. but the Justice decided 10 give he cas-
ii 10 the jury. After the summing up the Justice
Pc charge was short. lie said that il must first b
is determined whether any money was paid %
m mott that II il was paid voluntarily it could NO.
W bee recovered; If paid under threats i could b.
recovered If paid under demand It could 10
"a recovered, hut II pnid 10 corrupt tho defendan
il it could not he recovered The Jury were on
half up IN tlt..ir d.