New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-07-13
facts yesterday before United statcs Commissioner,
and intend to present tho to the Government.
MAJOR HARROLD'S HBAVY DAMAGES.
SEEKING FOR A NEW TRIAL.

SEEhlNG fOh a NEW TRIAL.
INTERESTING TESTIMONY OFFERED BY THE NEW
YORK ELEVATED RAILROAD CoMPASY-wHAr A
SERVANT WOMAN ALLEGES
Application was made yesterday in the Supreme
Court in Brooklyn, before Judge Cullen,
for an order to show cause why 10 new trial on the
ground OF newly discovered evidence should not be
granted in the suit of Major John Harold against
the New-York Elevated Railroad Company for
$4,000 as damages for personal inlpries Upon
the frat trial the jury gave the plaui $780, 900 as
damages and tLe Judgment was affirmed by the
General Term of the supreme Court and the Court
of Appeals. As the judgment has not been paid. q
for new trial. This il based upon
q series of afiidayts submitted to the Court John
ii. Bergen, for the defendants. claimed that tho
new evidence was vital and made necessary new
trial, which wOuld lead to different result as IL
could be shown that Major Harold is not now and
never has been suffering from any permanent IN
jury of any kind resulting from the accident:
George Colgan and John Fnrman. officers OF
the OF thn aap tSe bad
ined Major Harold III a room opposite the conrt-
room, he rose from the lounge walked four or five
steps and after being aided to his carriage got In 1t
Mrs. Lota 4. Rockwell, of No. rs North Fourth
st.. Brooklyn, deposes that in July, 1881, she
FS in Na N kqck Paon GSnSX
where Major Harold and his sister, Mrs. Barber,
were living. After she met Mrs. Barber the latter
told her that Major Harold was An invalid and
could not live long, rs he weaklthatShe could
not 90 up and down stairs and had TO be carried by
his nephews. Afterward, when she was riding with
Mrs. Barber, they saw Major Harold sitting IN his
room. When Mrs. Barber left the carriage she was
met at the. door by Major Harold and she was much
confused. TO her exclamation of surprise he re-
spOnded that he was sitting In the hall. To the de-
pOnent Major Harold seemed to be in good health.
The only other persons living at the house were
cOlored servant, who was at the barn at the time,
and the two nephews
Maggie Johnson q coored woman, makes depo-
sitlon, in which she says she was employed by MIS-
Barber as a servant at her house in Manuel, Rock
land County, from the middle of July until No
veinber, 1880, and again from April until Ju!y
1851. While she was there in 1880 she saw Major
Harold every day and his health was good. tie
peel potatoes, peel and cut apples
for drying, pick currants and beat eggs
to make cake lie helped her to empty the tuOs
when she was washing. and 70 fill the boiler. be
helped her to lift the boiler off the range and empty
it IN the sink and sometimes, when 1t was only
half full he would lift it off himself. He also sawed
wood for the fire. In cloudy weather he COM
planned of rheumatism ami neuralgia IN his should
ers but OF no other pain When visitors came mar
the family Harold went up and down stairs hy
himself, but when stranger was in the house one
of the boys would help him about In the spring OF
1881 Mrs. Barber removed TO Nyack, and Harold
did the sweeping and put down the car
pets. He also kalsomned of the rooms. When de-
ponent returned to Mrs. BARRIERS employment Major
Harrold's health good as before and he did
the kind of work. A strange man made IN
qulres about the Majors health and after that un-
usual precautions were tdkSu NucucEcI udJOI
Harold wanted to go out for exercise he or Mrs.
Barber would send ueponent up to the roof OF the
house to see whether anyone was coming. Mrs.
Barber would also look about, and. if anyone was
approaching Harold would not go out until the
stranger had passed or gone away. Major Harold
wed three of the carpets for the Nyack house
There was garden there, and Harold would often
say that he would like to work in it but dared not
for fear anyone should see him. One Roberts
used TO send word that he was coming to see
Harold. Thercupon Mrs. Barber put Harold to
bed and tied up his head before Roberts was al
lowed to see him. AS soon as Roberts was gone,
Harold would get up and take OFT the bandage and
go about as usual. The same thing happened when
Colonel Potter and Captain Brtton came to see
him. At Nyack, when Mrs. Barber had gone to the
city aud Harold was putting up the wlSdow
shades, Potter and BrttOn came. One of Harrold's
nephews saw them, and ran and told Harold to
stop his work. He threw down his hammer, took
OFT his and vest got into bed and bandaged his
head. AS the visitors were gone he got up,
took of the bandage and resumed his work. Once
or twice the deponent helped to put him to bed
when people were coming.
Judge Cullen made the order to show cause
turnaDle on July IL, and allowed the defendants to
put III additional affidavits to-day.
Major Harold was injured in q collision on the
New-York Elevated road III Thrd-ave., at Forty
secOnd-st, in March, 1879.