New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-04-14

MAJOR HARROLUS $50, 900.

THE ELEVATED COMPANY'S LONG FIGHT.
WITNESSES AGAINST THE INJURED MAN ARRESTED
FOR PERJURY-How AFFIDAyITS WERE PRE-
PARED.
Another step was taken yesterday In the litiga-
ton which has been pending for so long time be-
tween Major John T.. Harold and the New-fork
Elevated Railroad Company. The suit was brought
TO recover damages for personal injury sustained In
collision on the elevated road at Forty -second.sJ
and Thrd-avo. which occurred on March -, loto.
In the Kings County Supreme Court verdict lot
$40 900 WAS returned In favor OF Major Harold.
The verdict was contested by the company Dut uh-
successfully. .n -
than r. Deyo who had been Major llarrolds ply
STEFAN Mary +. Barber. sister of Major Harold
who had nursed him during his sickness, ana MAJOR
Harold himself The company charged Them Win
conspiracy and pending the result of the action
deposited S37 ,O6O, the amount OF the verdict with
interest, in trust company Inc permission 10 De
and John Shields father and son. John A. W alker,
William CLrystel. Charles ". Hawks William / ul-
ham and Richard A. johnson. ihese uen swore ID
their aldavits that Major Harold had been seen by
them IN the streets after the accident ana during
the tine he had testified he was ccnlnod to his
room. 49, -. Ain in
stance of DR. Devo who charged the makers oil the
afidavits with perjury. Five OF the men we're NI-
ragned IN the Jefferson m"iSo ,o nor U'o ,reoent
Chauncey Shallcr and Jacob Fromme appeared LOT
the people RoberC h. DeyO and John II. bergen
represented the prisoners ana the raroau cohpaIS'
m, first witness called was tho prisoner. JOhu
shields of No. 1871 Tn Ird-ave. lie was shown TWO
a(NdavIts both Of which OO:o his name. he s"'u
that he was intoxicated when the hrst anuaEt was
re1d 10 him that lie forgot whether he signed IL
or not He signed the last aihdaVt w 0unseiiol
Deyos House. lie Told hecouid make ~, ~ %
saying he SAW MAJOR Harold on the Stieel aIteI o
accitlont lIo met Mr.. Mcdonald the notary PuoIIc
IN a liauor store kept by Que OConnor, who INTRO
duccd him to Mr. Mcdonald, before DeceHott - -;
l i'm nhO III,
he refused at the time to have anything To- 40 WIN
H. lie was asked at the tiuIe how much ne earhcI
a dny nj his trade. He said 81 20. OConuoF ASKED
him II lie would like TO get position on the eleYa-
ted road at : "A day. Mcdonald said nothing about
such position. shortly aiterward ana AFTER ne hau
had several drinks. Mcdonald handed MN an am
dayit ana he signed and swOre to 1t III the oarFoo
Tio ,vitnrs, was asked il he knew the aidayits
contained "A statement that ho hal seen MAJOR hlr-
r, u out of his house four or five days AFTER the &C
! ctdent and that with the exception Ol one OIL MS
hands being bound M he seemed as wen ~ lsu9I.
lie answered that he did not hno" po'iIHe1
whether that had been read to nm or not lie uu
| not know whether he had seen Harold about lhe
building In Eightieth-st.. between flrtt anu Sec.
/ onI ayr. where he was working, after the accident
or not. His father told him that Harroid ha" O'en
at the building. ,,:. - A.
/ Deyo's did anything occur !" asked Mr.. Shaer
MIR Deyu aicd me If | knew man naiheI hoiu
and what kind of man he was. ! tod MN n9
was littlo highly. wa, then asked II c3u'u hnu
| him and was told that whatever trouble had III
| Gnding him woull be refunded for it,
! The witness was thea asked what 0ccurfHd alIGr
/ he had signed the affidavit before MIR. McDonac
/ If, answered that ne went to Dr. SHINES Once win
/ nj. father DR.. Shine told the; that he had been
! TO Mr.. Deyo aud that Deyo was NJ thr supreme
| CONT The witness then saw Mcdonald, ana asked
| him for some money. They had a drink anu DC
Donald placed "A dollar on tho bar ana gave MN tue
/ change telling him to 20 To OCOnnor. the liquor
/ ii, aler and give INN receipt for what money ne
/ received. lie saw . Conner but never succeeueu III
| getting any money from hum except once "nen
| H.. far tyttt ph he " "A
What made you suppose you were going to make
some money 2" asked Mr.. Smaller
! :" NV father told me So the witness rcplieu =
! Counsellor Bergen heIe asked If tho charge oil
perjury against the witness had reon "lthLiawn;;
Mr. Smaller replied that when the prosecution uSeu
! a man IA a witness. and he was accepted a5 such ~
| fine DstrIct- Attorney, he might consider Himself
! safe providing he told the Whole Truth II ne uri
not be might be indicted ana prosecuted 10 Tue wv
on the cross-examination by Mr. Bergen. tho wit
ness said he had been asked by man halhou Molly
TO 90 To- Devo's house and make Il staloHen' doouV
~ eievated road Ills cousin, Thomas j. Shields.
| went with him and WAS present when lie maze inc
| statement which was takon down Dy III Doyo, "ho
dictated H. lie was not told to swear 10 any tuhB'
| lie made no objection to signing the affidavit.
The affidavit of the witness as to his having seen
Major Harold in the street SnpLLS 49, we t.
dent was read by Nh. Bergen: INC ",ihcs1 sh.u a.
| WAS true IN some respects lie toIu MI Deyo no
thought It was tho day after the accident that 10
| saw Mr. Harold. bnt he could not tel Whother ~
! WIS Lrfore or after the accident The witness al
| mitted saying to OCOnnor that II he Glu nov I9e
| some money hs would withdraw his aihdaVlt. lie
dill not know ut the time whether IL was an ahi-
dayit or not. A.. l,it.i.
| When asked how he came to go to the Distrlct
! Attornevs Office ho SAID he was told Nv Il irlenu
about three weeks ago that he was gettpS hlHiSeli
| iuto trouble aud he advised hun 10 MAKE cleah
breast OF It, which he did NJ the DistrIctAttorhoJ
| office. ...-., L.
| Mr.. Sbafer asked the witness what occurred pc
| twe,n him and Mcdonald when tue latter called
ON him this week. Ito replied tat hcpohalu aSH leu
him II he would be in court. lie said he would lie
was then asked whether he would be friendly OF h3t
and whether ne mad told any one That no lhcljonahl
| mad given him money. The witness admitted
having told District Attorney AcKeon that his am
davis were not true ones Evidence as to INC oign-
inc and swearing TO the atdayis and rs 10 the cor
rcctness Of tho copies produced IN court was taken;
The hearing was then adj lourned, NJ inc request Vi
Mr. Bergen until Wednesday next at lO''SU y, III
The prisoners were admitted 90 bali each III 49,
IL was stated that Major Harold was sun Suiier-
| ing from his injuries and that he was NJ NyaeA'
an IRON SAILING SHIP TO BE Id OACHED
CHESTER Pa April 13.-The lille r.. star