New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-12-08
WITNESSES AT CHEAP RATES
ARREST OF A MAN SAID TO HAVE
BOUGHT AND cold THEM.
THOUSANDS OF DOLLARS. ACCORDING TO AS
srsrANr prsTRrc-r-ATToRNEY GREY. HAVE
BEEN OBTAINED FROM CITY CORPORA
TIoNs N DAMAGE SUITS THROUGH
PERJURED TESTIMONY.
PERJuRED TESTIMONY.

TIoNs IN DAMAGE SUITS THROUGH
pERJuRED TESTIMONY.
Ernest NJ Welch. a lawyer, was arrested OF
November % last. charged with subornation oi
perjury He was arraigned. pleaded not guilty
and was liberated on bail The charge agai''s'
Welch was that In the case OF boy named
Laos. who was run over by one or EVera'u
delivery wagons at Fifty -fourth-st and Third
ave. he suborned witnesses to testify 10 hctio"S
in order to win the suit. In the suit the jury
returned a verdict in the boys favor for SIoooo'
At the time OF the arrest of Wech District
Attorney Gardiner announced that there were
organized schools OF perjury in which witnesses
were trained to testify In railroad and other
casualty cases and that he was determined 10
root out these gangs and bring them to book.
Colonel Gardiner placed the matter In the hands
OF Assistant District-Attorney Gerald Hull Gray.
with instructions to ferret out the suborners OF
perjury in all cases and purish them. Mr. Gray
set TO work. and result Of his Investigations
Charles Gallagher. OF No y34 West Thirteenth
St. arrested last night at 1:3O o'clock at his
home on a warrant issued by Magistrate Went
worth in the Centre-st. police court yesterday
afternoon and was locked up.
According to a statement made by Mr.. Grey
last night in May. 1894. Dominick delli Bori. an
Italian boy. run over and injured by
Third-ave cable-car at One-hundred -and-eigh-
teenth-st. A suit for damages was later brought
on his behalf by ". p. OConnor. a lawyer.
against the company. which was defended by
Hoadly. Lauterbach & Johnson. The suit re
suited in a verdict for the railroad company.
II is on this suit that the evidence was ac-
cumulated against Gallagher which led TO his
arrest Theodore Brown has made an affidavit
for the District-AttOrney. in which he says that
he met Gallagher first through his having suf-
fered an accident by being run down by one OF
the Metropolitan street railroad cars. He AT
the time living at No. Minetta-st.. but Is
living at No - Cornella-sr. Gallagher
went TO him. Brown swears. and offered 10 ad-
just" his case with the company. He afterward
called at the house and asked him If he did not
want to be witness in another case. mention
ing the DELL Bori case. This proposition was
made 10 him in the presence Of his wife in
whispers. Gallagher said according to Brown.
that he knew that he needed money. and that
he would see that he was financially rewarded.
Brown said that he was afraid that he
did not care to run the risk OF swearing
falsely. but Gallagher assured him
that there risk. and that
It was frequently the case that witnesses We're
obtained in such way in damage cases. Then
he consented to testify IN the case. Gallagher
and he adjourned to a saloon and had some
drinks. and the next day Gallagher brought him
a typewrittcn statement of the case with points
marked to show what he was to testify to- He
studied this testimony carefully in his home,
and went up to the scene OF the accident that
he could testify more comprehensively and un-
derstandingly about the environlng features
The case was tried before Justice Dugro and A
Jury in 1896. Brown, in his affidavit. navely
says that Justice Dugro cast some disagreeable
reflections on his testimony. and when Gallagher
asked him again. according to Browns affidavit.
10 get one TO testify in another he
afraid and reluctant. Finally Gallagher asked
him II he did not know some man who lived up
town, and who dressed we'll and did not look
like bum" who would be willing 70 testify.
After some hesitation Brown said that he men
toned the name Of A friend and agreed to Sc
cure him to testify He got the friend, and
made the proposition to him. The friend ac-
cepted and he got typewritten statement OF
the case and gave 1t to his friend to learn.
Afterward Brown swears, this friend in
troduced TO Gallagher. and they all had drink
together. His friend learned his part from the
typewriter statement in his home in the pres
ence Of his (BroWn's) wife. Brown also says
that in this case as well in others he went 10
the lawyers Office, and there what they would
testify to was taken down by a woman type
writer and afterward sworn TO before a
notary. He knew the typewriter and the notary
as well as the lawyer Brown swears that he
offered to testify in this case but Gallagher told
him he was too well known
In another case. according 10 Browns afF-
davit. Gallagher went 10 him and asked him II
he did no. have friend who would testify.
Brown said that he had friend who had just
come from the West. but did not know much
about New-York as he had come from Indian
Territory Ciallaghe- thought he just the
man. notwithstanding the fact that he had ar
rived IN New-York long after the accident
CURED over which the suit brought
Browns affidavit tells Of many more transac-
tions with Gallagher which were similar in
character 10 these. Gallagher nc saws had no
office except in his hat. He said he was an adj
juster and many times told him how he con-
Quoted his business Brown says that Gallagher
chased ambuances." got the names Of injured
people from police slips and newspapers. put
himself In communication with the Injured per-
and offered to get a suitable lawyer who
would take the speculation. He would
then secure witnesses and instruct them in what
they would testify.
Browns affidavit is voluminous affair II
tells in colloqua fashion OF the conversations
between himself and Gallagher. While the af-
hdavit does not tell what prices We're paid 70
witnesses. Mr.. Grey said last night that they
We're something ike 81 for affidavit and $40
for appearance in court to testify Mr. Gre,
says that Gallagher is only instance II
many he has OF such cases Of subornaton Of
perjury. all Of which Will De vigorously prose-
cuted The cases. he says are prevalent in all
accident cases against street and other railroads
and corporations.
Gallagher Is seventy-nine years old He saws
he has real estate office at No fl Park Row
His son, Edward j. Gallagher called AT tho
West Twentieth-st. police station last night Z,
his father. Neither nor father would
discuss the case. The elder Gallagher is a ven
erable- looking man. and from his benevolent as
pect Is the last man that any one would take
for suborner Of perjury. He appeared TO be
much overcome by his situation when arrested
and wiped his gold-bOwed spectacles decoueo-