The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-12-17
JUDGE SEES FRAUD IN suit.
ALLEGED ATTEMPT TO CHEAT
METROPOLITAN or or SJO,OOO.
Man VINO Has Been Hospital Exhibit Ter
a Dozen Years Tries Ia Collect Dam.
ages for Injuries Received IN Another
ROad-Iawyer Wishes to Withdraw.

AGES for INJURIES Received on Another
Road-Lawyrr Wishes to withdraw.
.Tbis case is saturated with fraud, said
Justice Marran in the supreme Court
Brooklvn. Yesterday, at the tra! If the suit
Of William Kelley. As years old. Of Second
avenue, this borough. against the Metro
poitan Street Railway Company to recover
$4,000 damages.
Kelley was knocked down by surface
car AT Forty eighth street and Eighth avenue
on April &. 1901. He vas removed to tie
Roosevelt Hospital. but was discharged the
same day. He began n sui, against the
railway company some time later In ms
complaint he alleged that he was suffering
from hysteria major, an aggravated form
81 epilepsy, as a result Of the accident.
In opening the case FOL the defence
ex-Assstant Corporation Counsel Luxe
ID. Stapleton counsel for the railway com
pany, told the jury tina, he would prove
that the plaintiff was fraud and had been
a hospital exhibit for fourteen years prior
TO the ale ged accident. Five physicians
# promin.noe. among them Or Alex
ander Lambert, President Roosevelt : fam
lily doctor, were called.
After the close of the case yesterday
Mr.. Staplcton said that the evidence would
be handed TO District Attorney Clarke
and an indictment asked for.
When the case came up for trial ye-t'r-
day Jacob NJ Birubaum, counsel for nelly,
called attention To the pathetic condition
Of his client kelly's condition l. reindrk-
able His limbs are crippled and his per
sonal appearance is fear-inspiring lie IL
afflicted with double vision, hystericu
trernors AMI paralysis
Henry D. Murphy swore that h" was
fellow workman with Kelly and that until
the day of the accident IN 1901. Nelly was
we'll kath, rine Todd, sister Of III"
plaintiff and Theresa Kelly, his wife, al,o
swore to the same thing. Or tiBue VI.
Hammond, the eminent alieist, ana pr
samuel A. BruCkhauss, swore that me
accident a. submitted 10 them IN hypothe-
ical question could have resulted III bring
ing about the condition Of the plaintiN.
As Mr. Stapieton was about To begin his
address to the Jury in opening the defence
DIR. Theodore NJ. Abbott, DR.. Alexander
Lambert, DR.. Frederick Peterson Dr;
James J. Gorton, DIR. Haven Emerson and
DR. John II Bleu filed into the courtroom
When Kelly saw the eminent physicians
he claimed to he sick and left the courtroom,
failing to return again.
Il will prove by the most distinguished
medical men IN New York said Mr. Staple
ton TO the jury. Including the physician To
President Roosevelt. that this II an attempt
at a most gigant iC fraud and robbery.
DR. Lambert, who attended Teddy
Roosevelt when the son OF the President
was sick with p leumonia at Groton, testi-
fled that he W we'll acquainted with Kelly,
whom he reg a 'd-d as the most remarkable
case Of hysterla major III the country
He said that he treated the plaintiff in
1859, shortly after an accident in the freight
yards at Fifty-ninth street and Tenth ave-
nue.. which accident caused the development
of the disease
His condition was worse then than now,
said Dr. Lambert Il have exhibited him
10 students in Cornell in the last twelve
years as the finest clinic exhibit Of hysteria
major In the country, ! have sent him TO
other hospit ais as an exhibit.
DR.. James l.. Gorton, house physician of
Bellevue, said that Kelly had tried 10 bribe
him. In a letter. which was Subsequently
offered In evidence, Kelly asked the doctor
not TO tell Of his knowledg, Of the plaintiff )
condition previous to the date Of the alleged
accident He offered $500 for the doctors
silence.
Patroman Michaes Of the West Forty
seventh street station testified that SIS
lad been offered TO him If he would give
valuable testimony for the plaintiff. the
offer being made by some one from the
Office Of the plaintiffs attorney"
At this point Mr.. Stapleton called Lawyer
Jacob ii. Birnbaum TO the stand and asked
the So GD asked.
is il s. per cent?
Mr.. Brnbaum objected TO the question
and the court sustained his objection. Mr..
Birnbaum then offered to throw up the case
and allow it tn become non-suited. Mr..
Stspleton refused TO permit this, saying
that he preferred II 10 go 10 the jury.
Bert Hanson, an associate Of Mr.. Birn-
baum, sprang to his feet and asked that he
might be permitted to conduct the case
He declared that he would not sit by and
see any mans rights trampled upon.
Can you afford to GO on when his rights
are so mixed UP with an effort 20 defraud
the courtp' asked Justice Lambert.
Il can stand up for the rights Of any man.
exclaimed Mr. Hanson,
'Oh! All right" said the Court. 'the
case IL adjourned until morning"
~Mr. Stapleton." said lawyer BrH.
baum after court adjourned. IF ! had
been in your place would have told my
opponent OF tho condition OF the case and
not tried L. inculpate him as you did
'n1 had thought that man with hysteria
maj or could concoct such a scheme Of rob
berry, ] might have done SO. We want you
70 be more careful in looking up your cases
Mr.. Birnbaum,' replied Mr. Stapleton.
Tka ,.-;11 l.x,, II b.