Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-02-01
Indicted for Perjury.
CONTINUATION OF THE TRIAL OF n. W. FrTzGEl
AID.


In the trial of n. W. Fitzgerald for per-
jury yesterday the defendant took the stand
and testified that his firm, A. W. Morgan Il Co.
had business relations with Newcombe, Olsen
4 Co., and was indebted to the latter firm for
well-augers; that they entered suit thereon
when Mr.. Morgan was in the west and when he
| arrived in Indianapolis having telegraphed
| them, he found i'll their Office the sheriff. who
served him with summons to answer for 81 400
subsequently there was a conference with the
| firm for the purpose of settling matters.
He was asked what was the basis of settle
ment, and objection was made.
| In the discussion of this objection the de-
PENDANTS counsel said that they expected to
| show that this was on January 22d following
and that he supposed that there was full set
| Element and the suit would be dismissed, and
| when the suit was brought here he naturally
supposed that they had filed another suit.
The answer was taken, and Mr.. Fitzgerald
went on to say that tho firm of Newcomb, Olsen
| q Co. expected to make and deliver ma
chimes which would amount to between
+, $1,000 and $4,000. The agreement was
that if he would give notes for this amount
personal notes, and the firms with his indorse-
ment, they would dismiss the suit and pay the
costs. He gave the notes. and supposed that
| they would dismiss action as agreed. When he
made the affidavit on which the charge of per-
| jury is based he supposed that this suit was
settled and did not take it into consideration.
|
His belief was that judgment had been
obtained on two of the compromise notes, one for
| 81, 400 and one for $3.50, which he had not paid
These were unpaid, he explained, because of a
notice from Mr.. Morgan, who told him that a
| number of machines which had been sent them
| were not of proper grade and workmanship.
| Mr.. Fitzgerald stated with reference to the
| question of motive) that when he made the
affidavit he had no property in the District
| subject to execution. He also said that he had
been notified that unless he paid this last judg-
ment he would be indicted for perjury.
| MIR. Coyle proceeded with the crosse xami-
nation. asking him whether, after having for a
number OF years practiced at the Indiana bar.
| a man, thirty-eight years DID, with large bust
ness interests. it did not occur to him to de-
mand a written order in the usual form dis
missing the suit. MIR. Fitzgerald replied that
| it did not. because he thought that they were
! dealing fairly with him. They at first insisted
| that the suit should be kept open security
to them, but Mr.. Fitzgerald utterly refused to
| consider this proposition. and he finally agreed
to dismiss the suit. provided that he give the
notes for goods to be manufactured in the
future. When on February II, 1885. he made
| the affidavit which led to his indictment, he
still belived that they had fulfilled their agree
| ment to dismiss the suit. In response to Mr..
| Coyle, he said that he made no inquiry about
| it. He had been living In Washington for a
| number of years when the agreement was
made as to the dismissal of the suit.
| A deposition by MIR. Morgan, corroboratve
| of Mr. Fitzgerald's testimony, was read
Mr. Fulton was called by the government in re-
| buttal and denied having made any agreement
| that the suit should be dismissed. A lengthy
| argument on the prayers then took place. Mr..
| Cook asked that the court take the case from
| the jury on the ground that the indictment did
| not charge any offense under any statute or
| under the common law of perjury. He also
| asked that large Part of the evidence be
| stricken out upon the ground that there are
variances between the allegations of the in
dietment and the evidence offered and admit
| ted (they claim enormously in support of
| these allegations. He also claimed that the
affidavit.was without legal force, and therefore
could not form the basis of persecution for
| perjury. These points were contested by Mr..
| COyle for the government.
The trial was resumed this morning. and after
the submission of prayers for instructions by
defendant, Mr.. Coyle made the argument and
was followed by Mr.. r. o. Claughton, for the
defendant.
PURE FooD CoNvENTIoN.-The Pure Food
convention was opened at the Ebbtt house yes
terday. Mr.. Alexander Wedderburn was made
permanent chairman. The following commit
| tee was appointed to procure the enactment of
regulative and restrictive laws: III. b. Amber
| ling, Robert NJ. Floyd, Alex J. Wedderburn.
| Elisha Winter, H. A. LaFetra, F. B. Thurber,
II. Wharton Amerling; ex-oficio-Dr. Cyrus
Edison, New York; DR.. Cresson, Philadelphia;
| COOP TEMPLARs' ANNIvERsARY-The fourth
| anniversary of Columbia lodge, No. "a. l. o. G.
| T., celebrated Wednesday night by an
open meeting, at which there was a large at
tendance. An address was delivered by p C..
| t. c. n. Whitney, of the grand lodge; instru-
| mental and vocal music by Miss Ida Minor Mr.
Chas Anadale, Miss Nellie Hodgkins, Messrs.
| Champion and Bean; readings, Miss Jackson.
| Messrs. Franz Bergman, Jno. OChsenreiter and
1 Oft oh in Nb
Muirhead and Lima Hobson, Messrs. Bergman
| and Ochsenreiter participated was given. AZ
terward ice cream and cakes were served.
| THE OBSERVANCE OF FOOLS DAY-''Foors
| Day was observed last evening at Eders Hall
| by the Sangerbund and their friends. Frank
| Claudey presided as king Fool" assisted by
Messrs. Paul Schulze, W. Koch, F. Rockar
| Thos. j. Kirby and Earnest Schmidt. The en-
| tertainment consisted of songs and speeches
interpreted with vocal and instrumental
! music. The Franz Abt club contributed to the
| pleasure of the occasion by their singing. The
| spectators wore fools caps, and later in the
evening INDUCED in dancing.
| A LANDLORD AND TENANT DECIsIoN.-A point
| OF some interest to landlord and tenants came
| up in the Circuit Court yesterday in the case of
Thos. E. Waggaman against A. j. Laird. The
! suit was for SO. called for under a lease and
| judgment was given for $50. The lease had
been made IN Waggaman's name, although he
was not the actual owner Of the property
Waggaman claimed that Laird could not dis
| pute his title to the property, but Chief JUS
tice Bingham decided that inasmuch as Laird
was in possession Of the property before he
! signed the lease he could dispute Waggaman's
| title. This he did, showing that Waggaman
| was merely the agent for the collection Of rent
The court gave judgment only for the time Of
| actual occupancy by Laird and not for the full
| term of the lease. /. Williamson appeared for
| the plaintiff and Mills Dean for the defendant
An AMATEUR ENrKRTAISMESr.-Charle
| Reade's dramatization Of Tennyson's poem
| Dora, was presented to a good-sized au-
dlence at Willard hall last night by the o. E.
ID. dramatic club Of this city, for the benefit
| OF the Swedenborgian society. The acting of
the amateurs brought forth generous applause,
| and the whole performance was carried out
| with an excellent effect. The various parts
| were taken by Eugene A. Davis. Mrs. Susanna
Oldberg, Mrs. W. b. Swindell, Misses Ida Hunt
| NJ. E. Halsted, Agnes Gerry and Z. B. Johnson
and Messrs. Ruloff Strattan, Robert Smiley. J.
| T. Laskey, Albert New and Frank Reside
| Mrs. II. A. Scudder acted as general director
| and MIR. III. W. Hall stage manager Music
was furnished by Misses Margaret and Ade-
laide Kennedy and Louise Saxton. The club
eontemplates the early production of Knowles
| "Hunchback."
| No CASE AGAINST LAWYER RIcKs-After in
| vestigating the complaint made against LAWYER
| Kicks by the colored woman Tuey Raghv