New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-03-08
ELEYATED ROADS SBBK RETRNGE.
AN EXPORT To.INpIor ATTORNEYS WHO HAyl
BROUGHT SEVERAL sIMILAR SUITS
AGI1Nsn THEM


William n. Howe acting as attorney for ex.CIvli
Justice Leo C. Dessar, made motion yesterday be
lore Judge Gildersleeve which disclosed the nature
OF some Proceedings recently taken In the District
AuorIeSs Office. The elevated railroad companies
have iough perssienty all suits brought against them
oy persons who claim damages for loss OF air and
ght ~ the construction and running Of the roads and
Tor other injuries, The officers Of the roads have
FOUND that many suits have boon begun By tho same
attorneys and they decided TO begin criminal pro-
ceedngs Instead OF taking the usual course In GRIM
NAL cases, Of maing ahldsvits before police magis
ueie as 10 the facts, and so obtaining warrants In
eacn case In which tho evidence warranted such action
they have furnished TO the Attorney tho names
OF persons who have begun suits against the elevated
companies. and many Of these persons. clients Of
about twenty-five law firms Of this city. have II was
said Yesterday, been summoned before the Grand Jury
me supposed charge concerning which the witnesses
are expected TO testify is that Of melting litigation
by the Advancing By the attorneys OF consideration
for The placing In their hands Of claims against The
railroads
Mr. Howe, after stating these facts to Judge Glider
eoye, said that his client lad been for many years
practising lawyer Of good reputation, and that he
eame into court to ask simple justice. The lawyers
clients he'd been summoned 10 produce before the
Grand Jury the agreements with their attorney Mr.
Howe ASKED Judge Gildersleeve 10 charge the Grand
jury that criminal proceedings should not DO begun
- = W lndictmept, WHICH tnoy Couio 10 S~bNA-
by proceedings before police magistrate He TO
feed TO charges delivered by Judge cowng and others
In which this position had been taken Judge Glider
sleeve said that tho charge one frequently given,
and II the attention OF the Grand Jury had not boon
called to the matter, e was simply because there ap-
Jared to DO no occasion for II.
DIR. Howe said that the Grand Jury should not DO
used for the purpose of private malice. He said that
bis clients acts had been approved In proceedings be
fore Judge Van Hocsen and he demanded that Mr..
Dessar have an opportunity TO appear before tho
Grand Jury 10 explain the charges witnesses were
e1amined against him. Judge Gildersleeve summoned
Foreman Charles H. Scott from tho Grand Jury room,
and Mr. Scott sat for q time on tho bench and held
whispered consultation with tho Judge. Judge Glider
sleeve then told Mr. Howe that no had informed the
Grand Jurors that they would receive further instruo-
ions this morning and IN the meantime no action
would DO taken.
The lawyers who seek on behalf OF the eieVated
roads to press the charges against the lawyers VINO
have begun suits to recover damages define the offence
on which, they wish TO lndict their opponents as
obamperty and q violation Of sections OF the Code
Of Civil Procedure Tho lawyers for the persons IN
red BY the road say that their contracts wltn tner
clients are simply the usual agreements het they
shall receive compensation unless aamages aio
received The agreements, they sayt az ny vhS
lawful but under the policy adopted By the elevsleu
roads TO mako litigation against them Ga pehsne 'noSe
agreements form tho only basis on which poor per
sons who have suffered loss can ever nope I'D reco'eE
nom the rich corporations.