New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-01-28
TILT IN A DAMAGE SUIT.
COUNSEL, FOR THE PLAINTIFF ATTACKS DE-
PENDANTS PLEA FOR DELAY AND
JUSTICE MAREAN JOINS IN.

As Administrative of Patrick OConnor, assistant
treasurer of the Garrick Theatre, Manhattan Annie
r O'Connor sued the metropolitan Railway COM
pany to recover $4,000 for his DEATH and recovered
$4,000 by default January 10 in the Supreme
Court before Justice Lambert and jury. Yester-
day. before Justice Marean at a Special Term OF
the Supreme Court. James W. Ridgway, represent
ing Henry A Robinson counsel for the defendant,
moved to open the and set aside the judgment.
Mr.. Ridgway stated that the complaint alleged
that O'Connor was struck by a car while crossing
Sixth-ave. at Thirtieth-st. and thrown against a
pillar of the elevated road The defendant was not
ready when the case called for trial. account
of the absence of a material Witness and afidavts
were presented to Justice Gaynor, in Part Of the
Supreme Court But the set for trial and
inquest taken. The Witness Mr.. Ridgway said,
Henry j. Tryon, of No. 23O East One-hun-
dredth-st., Manhattan, who would testify that he
saw OConnor crossing Sixth-ave. at Thirtieth-st.
diagonally loking straight ahead, and that. al
though the car bell rang vigorously. he stepped in
front of the car the corner of which struck him.
According to Mr.. Ridgway the woman of the house
where he lived said Tryan had gone to Philadelphia
and would not return till January 80 Mr.. Ridgway
said Justice Gaynor sent the to trial, al
though the affidavts were all regular.
In opposition Charles ]. Patterson said the house
No 2SO East One-hundredth-st. was a five story
tenement house, and as the agent of the defendant
refused to give the Of the woman of the
house, every person in it. from bottom to top, in
Guiding the janitor and the landlord. seen, and
no one knew of any such person as Tryon nVlnS
there. Justice Gaynor said the defendant was
bound to disclose the name of the woman, and that
she should give information regarding Tryon, as
she had stated that she was in communication with
him. The defendants story having been repeated
several times, Justice Gaynor wrote on the Aft
davit: This is sham. and 1t has been submitted
often enough"
Mr.. Patterson urged that some power should rest
in the trial court to force discovery Of witnesses
in interest of justice. OF course he said more
delay important to the defendant, Independent
of the opportunity of tamperng with witnesses, and
an already hpel
Mr., Ridgway was sorry Mr. Patterson found it
necessary to attack Henry A Robinson. the de-
PENDANTS attorney, and to say he composed false
affidavts in order to obtain few days delay IN
action for large a sum. and urged that the
defence was entitled to an adjournment OF the mo
ton.
Justice Marean said you are aware that JUS
tice Gaynor held that your plea for adjournment
day fortified with the mans af1davits? Suppose the
trial justice determines that the whole thing was
opened? Have you not made your own bed and
ought you not to lie in 1t? 1t is question whether
you not asking me, on the same evidence before
Justice GaynOr, to open the default taken by his
direction If you had produced Tryon here, or even
his affidavit and showed that he lived at the place
named and conversed with the claim agent, and
with the lady OF the house ii would make a case
for reversing Justice Gaynor. But on the case as
it stands is it not unseemly in me to open the judg-
''The disposition of judges is always to give
party day in court" replied Mr. Rtdgway. You
and are entitled to decide between them"
why haven't you made stronger case to me
than to Justice Gaynor? persisted Justice Marean;
asked Mr.. Ridgway.
Produce all the evidence you can GET was the
the house into court, and let me examine them on
Tuesday"