New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-07-28
A PECULIAR FRAUD.

BE INJURED BY A COLLISION is AWARDED
ACKNOWLEDGEMENTS AGAINST THE GIRL AND
HER FATHER.
Two of the indictments recently found by the
jury Of s SGSnKE KATE
tanning 81, 500 from the New-York Eeyated hau
road Company under false pretences. Morlarty IL
about forty years of age and is street-car crnr
With his wife and five children he lives at no Zol
East Seventy-fourth-st His daughter Nate Is
years Of age Inc Sod apd successful
imposition were collected yesterday by IRiB
UNE reporter from the affidavits OF trustworthy
witnesses. who will appear Tor the prosecutioh anu
The claim of Moriarty against the company
grew out of the accident which occurred on March
20. 1879. at Forty-second-st and Ihird-ave. Al
1920 p. that day train had lust passed the
Fortysecond-st. switch on tsway to the Grand Gem
trail Depot. j. j. Davenport the swtchman IN charge
of the up-track had neglected TO change the switch,
and as a consequence the following through train
crossed from the up-track just IN time TO meet
train that was leaving the station on the down.
track The en- ines came together with such force
a. 10 disable them completely. The glass in the car
windows was broken, and several persons were
thrown down and sustained injuries. No such name
as Moriarty published or given ~ among the IN
jured who numbered, far could be ascertalned,
six persons. Crowds OF men, women ana chlurcu
filed the streets beneath the track for some time
colIision the New York Elevated Railroad Company
was presented with claim for 81, 900 damages
from Patrick Moriarty. OF this sum S2,OOO was
claimed ON account of q broken cOllar-b0ne caused
to Agnes Moriarty by the accident, and $500 for
the loss TO Morlartv Of his daughters services. Ac-
eOmpanying the claim were the aihdavlts OF Ut:
Francis A. Mcclure, as examining physlclan ana OF
Agnes Morarty The latter set forth that on March
90 1879 she had taken the elevated tram shortly
before noon at Fourteenthst. for the purpose OF
going 10 Sevenysixth-st.. and that by The accident
she sustained "a dslocation of the collar bone; The
company's physician, DR.. FTeer, examined the girl
and pronounced her injuries genuine and on
June O. 1879, the company paid over to Morlarty
his claim. OF the amount, 81, 800 was placed IN
the Central Trust Company TO be held untlI Inc H.
iureQ girl became OF
Some time afterward suspicion was aroused as to
the genuineness of the claim, and steps were taken
10 ascertain the facts concerning the matter soon
the fact that the company had been imposed on
was clearly proven, and Moriarty and his daughter
were indicted and arrested. They now are out
on bail awaiting trial. No child of Pat
rick Moriarty was named Agnes but lhe
name was substituted Tor that OF maze MAJ
davit is made that siuce December, 1878, and
earlier, the daughter, Kate, had had trouble with
her coar-bone. frequently complaining that IL was
ont of place. To one of the witnesses the mother OF
the girl had explained that the dslOcatlon was pro-
duced by the use of an instrument employed IN the
manufacture of artificial flowers IT being necessary
to place the instrument against the breast ana 10
use all possible strength pressing so as 10 make
n firm imprint upon the material used. Two weeks
before the COLLISION on the railroad the giri had
shown to a friend the injured part, III beng then
bound np IN plaster Oh ISs s aTu oos'o OF In
West FOrty-seventh-s for the purpose OF reducing
the dislocation In the first week of March. 1879,
Kate reported that the doctor had told her that 1t
was necessary 10 take off the bandages and get an
apparatus instead of plaster AT that time her father
came III and told her that she must get something
done 60 help her trouble, so that she could make
living for herself. adGing that she was big enough
to earn her own living, and that he could not take
care of her, Two or three DAYS later. Kate, having
complained that she was unable TO get enough
money to purchase the apparatus-ltsprIce was 81
was advised to go Dr. Knight, at the Hospital for
the Ruptured and Crippled at FOrty-sec0nd-st. ana
LexIngton-ave. On the morning of the accident.
March %. Kate said that she was going to the hos
pital and left the house at 10 40 a. H. There Is no
IL -l.o lIoHf a fhn hn. Sha
heard say before leaving the house that II she had
1Ocents she would ride TO q friend. Sher re-
turned between 1890 and p IN. and said that
DIR. Knight would have the apparatus Tor her in,
week When she entered the house she
said " There was terrible accident on the Ele-
waited Road at Forty second-st. and Ihird-ave.n
"Was any one killed or dd any cars run OIL the
mo, there was not. but there was a great crowd
. Did you stop to look at itf'
"Yes,o was the answer. Afidavits set forth that
Kate were talking about the accident In the pres
ence of Others, when Kate took up newspaper and
read the published account Mrs mo Moa bya th men
getting something to help you get along. III y0n
only had had the luck to be there SO that you might
get money out of the company, II 1T was only
$500"
Kate replied was near enough to it. was
on the corner and saw it just after it occurred"
ne 6ean f fo we have made up our
minds to if we can get anything out of the rail
because Katie could show her collar-bOne and say
to the company that she had got hurt in the col
lsion.' ~ 49,
rate excuse"
~ am going to take Katie to doctor to see what
he will saw" said the mother.
why don't you go TO Dr. Thomass" was asked.
1T will not do. because he has attended her for
her collar bone before the accident" was the reply.
After some discussion 1t was decided TO 60 to DR..
Mcclure. An hour later they returned and Mrs.
Moriarty said: The doctor says that he never saw
anything hike it before and tha5 f VIII prevent eve
hurt internally. have gwen the doctor the name
of Agnes instead of Kate, because she won't be as
well known by the name OF Agnes; Every BODY
knows her by the name of Kate. and III case the
name gets into the papers as having been paid
money by the railroad company, no one Will know
who she is"
On the day of the accident ragg-bnyer at Mrs:
MOriarty's house SAID TO her wasn't that q
The man gave the particulars, and after he went
away Mrs. Moriarty said " This VIII be good
collision. and see if we can't get some money out OF
the railroad company. 1t would be no harm, as
Katie got a severe crushing gong in the cars at
Houstoli-st. one evening"
witness who was at the scene of the accident
at 1890 D. H.. states that he knows Kate MoIiarty
we'll and saw her on the sidewalk on the northeast
corner of Ihlrd-ave. and Forty-second-st., three
feet from the curbstOne. She was standing and
gazing at the results of the collision. as were any
Mr. Moriarty and his daughter are ont on $500
bail each. When the money was gwen 10 them si oy
the railroad company Mrs. MorlaIty toIu u Hienu
thrt it had been left to Kate by q sister living IN
Troy.
Dr. F. A. Mcclure, of No 2s5 East Fifty third-st.
said to a TRIBUNE reporter yesterday " Ii was a
remarkably unique case of fraud and worthy of a
sharp BRAN. The trial will develop some interest
ING facts that can't be given out now. This Mrs
Moiiarty with her daughter came to rue i'll March
of last year and told that her daughter had re-
ceived injuries ut the accident on the Elevated
Road tay or two before | examined the girl and
found that there was a complete disocation of the
-olar- bone the night side This was swollen
spine Upon lifting up Der left arm l discovered
that the left end of the collar-bOne was dlsocaed
This made the case most unusual and remark
able. being the first of the kind chat was known
to have occurred in this county,: called In Dr. -