The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-06-22
BOYS TESTIFIED FALSELY
ID LEATHERs GRANTS A NEW
TRIAL IN A RAILROAD CASE.
w. A.. HaehI, Who snatched a Child
from Under a Car, Sues the Com
~pany-News of the Courts.

Judge feathers, of the Superior Court,
yesterday granted a new trial in the suit
Of Arthur Reed against the Big Four Kali
way Company, because of an excessive
verdict rendered more than a year ago
and subsequent developments that showed
the two principal witnesses for the plant
if pertured themselves. Reed had one
arm and a couple of fingers on his re-
naming hand cut off by being run over
by a Big Four train about a year and a
half ago. Suit was brought against the
Big -Four for damages and young Reed
received a verdict for 5000. The case was
made on the ground that as Reed was
walking along the tracks of the company
just above Washington street he was run
down by a train. 1t was averred that he
was walking along a path between the
tracks and a high fence when caught by
the train and he could not escape. 1t was
stated that he tried to run to IN alley to
escape, but was overtaken and knocked
down before reaching IL.
Charles Davis and Lloyd Wagner testi-
fed that Reed was walking along the
tracks when the accident happened. Tony
Shearer. one of the boys in the crowd, tes-
titled that they were jumping on the train,
ant that 0eSu was nuTI III lndl dllbCl
A motion was made for a new trial, and
Judge feathers has been considering II
for a long time. He thought there might
be something in the story of the boys
jumping on cars and went out TO the scene
of the accident to look at the tracks and
the fence. In the meantime Frank Little
ton, attorney for the Big Four, heard that
Wagner and Davis had told that they tes-
titled to help Reed win his case. he hunt
ed the boys up and asked them about II.
They both told him that they had all been
jumping on the cars and that they testl-
fed that Reed was walking along the
tracks to help him out. He took their af-
idavits and filed them with his motion for
a new trial. Yesterday the boys were
brought into court and they told Judge
feathers that Reed jumped on the train.
They said they visited Reed at the hos
pital after the accident and he told them
he would sue the company and If they
would testify that he was only walking
thing when he got a verdict. Without
realizing they were committing a crime
the boys said they gave the desired testl-
mony. They also stated that Tony Shear
er. who has since lost his life by jumping
on cars, told the truth.
A lively tilt between Littleton and George
Calvin, Reeds attorney, followed this tes-
timony. Calvin intimated that the boys
had been hired TO contradict their former
testimony, and Littleton replied in a man
her that led Calvin to believe Littleton
meant he had originally fixed up the
evidence. Calvin replied TO Littleton with
an oath, and Judge feathers interfered,
saying: Gentlemen, although this Is the
noon hour, you must not indulge in such
language. | think this case has gone far
enough, and i might as well decide 1t now
as any time He then stated that the
attorneys did not enter into his decision,
but it was clear that the boys had per-
jured themselves and he would grant a
new trial.