Omaha daily bee., 1889-11-01
POORLY PAID PERJURERS.
Sensational Sequel to Railr DAD
Damage Suit.
THE JUDGMENT SET ASIDE,
Two Thieves Captured at Fremont
While Attempting 10 Find Some
Hidden Piunder-Other
Nebraska News.
The verdict set Aside.

p1,rTsMoUTH, Neb., Oct. 3l.-TSpecial
Telegram to The BEE. Tho most highly
sensational affair ever known TO the courts
of Cass county was developed to-day in the
district court when q motion for a new trial
was filed IN the case OF Norman Coon, of
Weeping Water, VS. The Missouri Pacific
Railway company. The case was tried be-
f<-sy Judge Samuel NJ. Chapman and jury
October %, 1889, and was sequel to the
following accident, which occurred about
midnight December 10, 1887;
Mr. Coon was driving across the Missouri
Pacific track near Weeping Water and was
struck by freight train, killing his team
and breaking several of his ribs and one leg.
He engaged Attorney y. A. Gibson, OF
Weeping Water, TO enter suit against the
company for $25 900 damages Two brake
men on the train which struck Mr.. Coon's
team, named Van Gelden and Vorreuce,
were soon discharged from the company IS
employ for some misdemeanor, and Mr.. Glib
son. learning this fact, thought they proDa-
bly, would make good witnesses against the
company, and at once, after ascertaining
their whereabouts, opened correspondence
with then which resulted in a conference OF
the trio at Weeping Water. MIR. Gibson
took the case for 35 per cent of the recovery
and assumed all liability for costs and was to
pay all expenses. Having retained Nj. A.
Hartigan, of Hastings. as assistant counsel
in the case, he gave Van Gelden and Tor
renee q letter of introduction to Mr.. Harti
gan and sent them to Hastings. The men
made u statement to Mr. Harti2an that the
engine which pulled the train that injured
Coon was in a bad condition; that the head
light was poor; that no whistle was blown OIL
bell rung from the time the tram left Manley
until it arrived in the yards of the company
at Weeping Water; also, that the rate OF
speed at the time of the accident was about
thirty-five or forty miles an hour. No signal
was sounded at the crossing ana the con-
ductor was asleep.
MIR. Hartigau Immediately drew up con-
tract in writing, wherein Van Glider and
Terrence were each to receive 10 per cent OF
the recovery and 20 cents per mile for dis
tance Travelled by them from Colorado,
where they expected to be at time of trial,
providing they would give the same testi
mony in court as they related to him. The
cor tract was agreed to and signed US follows
Norman Coon, by NJ. A. Hartigan, attor-
ney; b. A. Gibson, by NJ. A. Hartigan, at
toruey; Nj. a. Hartigan, attorney for Il. E.
Van Glider and - Torrcncc.
Coon claimed damage to the amount OF
S25, 900, and the 10 per cent of it which these
witnesses were to receive was strong
incentive to carry out their part of the con
tract iThe 50 per cent spurred the attor.
neys with equal force and effectiveness.
Az the time of trial the only evidence fix
ing the liability of the company was given by
the perlurers Judgment for S5 600 was rem
dered in favor of the plaintiff and the men
demanded their 10 per cent of the haul, bu
were boldly refused by Hartigan, and, in
stead, were paid the pittance o.
S42 each, with which sum they lef'
Plattsmouth highly indignant at Messrs
Gibson and Hartigau for breach of contract
While IN Omaha Hon. b. =. Waggoner
general attorney for the Union Pacific road
was visited at the Paxton and the entire
facts of the case stated to him.
upon receipt of the contract, written b,
Mr. Hartigan and signed by all parties con
cerned, MIR. Waggoner tclesraphed his as
sistant attorney in this city TO file motion
for new trial upon grounds to be sustained
by the facts already mentioned, which wa
done. MIR. Waggoner came to Plattsmoutl
to-day and filed an affidavit setting up all tn
facts of the perjury and subornatlon o
perjury
The motion was heard before Judge Chap
mpn. Hartigan and Gibson were presen
with bauched checks and trembling lips
They listened to MIR. Waggoner's statement
and Gibson IN effect said that Hartigan don'
1T and HartIgan replied III effect that he die
not.
Mr.. Waggener drew from his pocket th'
witness document in Hartigan's handwriting
and, presenting it to him, asked:
as that your handwriting!"
Mr.. Hartlgan replied 'Oh, don't den.
anything"
The document was then handed TO hi
honor, who carefully scrutlnized tn
evidence of the greatest fraud ever al
tempted in the court of this county.
Both Harugan and Gibson rose In dc
fense, followed by Waggener, when Judg
Chapman said:
II have heard all the argument that
necessary in this ease and then delivered
very strong robuke to these perpetrators G
crime and injustice. 1t was the stronges
pleading of justice ever delivered in this o
any other court. and in conclusion he said:
1.-The verdict is set aside 1t was obtaine
by means that admits of no justification @
defense, and by perpetrating fraud upo
the court and an outrage upon the po0r.h
Two Youthful Thieves Arrested.
NEBRASKA Cry, Neb., Oct. 81 [Specit