The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-11-02
SIR VIM. Van HORNE ACCUSED,
LAWYER SAYS Hi rs GUILTY OF
FRAUD AND COLLISION
With witness Who. Under Name Assume Ell
for the Purpose OF E,adins Creditors.
Oners an Affidayit to Reopen $50. 900
suit Lost by the Cuba COMPANY.

lied to build railroads and exploit the
undevelopcd part Of Cuba, were made
In thu Supreme Court here to-day before
Justice keogh when a motion was made
by counsel for the Cuba Company for a
new trial of the suit of Peter NcLauria
against the company tor So 600, the value
of on. share of stock which he alleged
was presented to him by Sir William a. a
part of his compensation for securing
land for the company In Cuba and helping
the company get right of way through
the island.
The suit was tried before Justice Keogh
last March and a jury gave a verdict for
Mclaurtl for the full amount Sir William
Van Horne at that trial denied that he had
promised In McLlurin a share of stock
Afiida Wits were o!Tared bv the defence
from William e. Whitney, Levi p. Morton
and other directors Of the company that
share Of the stock was worth $50 900
The company appealed from the decision.
but II was compelled 10 give bond for
500 600 pending the result of the appeal
The motion for new trial was made
to-day by How Mansfield of Lord Day
a Lord. counsel for the company. The
motion was on the ground of newly dis
covered evidence in the shape Of an affidavit
made by Charles A. johnson. one of the
company's principal agents in Cuba, pur-
porting TO give the substance Of a
conversation which johnson had with
Mclaurin at Santiago dc Cuba. in which
the iattcr said that no stock had been prom
lied TO him, and that he did not know what
he was going To get for his services
This affidavit was made on Oct. 3, and in
il johnson alleged he had just returned
from Cuba and had not heard os McI.aurin's
statements before. With this affidavit was
one submitted by Sir William Van Horne
of the same date. in which Sir William said
10 knew Johnson; that he had been an
employee of the company, and that his
statements were in the line OF new evidence
In reply to these atfidavits, Lawyer George
Gown gon of Heyn 4 Covington, counsel
for Mclaurin, caused sensation by de-
Claring that no such man existed a. Charles
A. johnson; that that was name assumed
by Paul Harding. formerly of Missouri.
agairs, whom three indictments for en-
bezzlement were PENDING In Missouri. He
further stated that Sir William knew that
johnson wa al assumed Lame.
The notion" said MIR. Gown II on, is
freud upon its face, ard that is known
10 sir William Van Horne
When Judge keosh asked Covington If
he could prove it. the latter replied that ne
could prove II all ny Hardmg's OWL mouth
from testimoi y which Harding uI.der his
right lame had given before Co,nnis-
sioner Alexar der last week in procee,,,lg Is
TO have him ad judged bankrupt.
This man Johhsoh. said he, has been
appearin g III two actions III der two ifIerent
names ard he has us@d an assume lame
here in order that We may MT be able to
discover Ia q "A.
right name
Mir. Covington then read from a sworn
copy Of the minutes Of the testimony in
the bankruptcy Proceedings Ill which
johnson swOre that his right name Wa
Harding, that he had lat Missouri III 1Sa;
~ account Of business AID domestic
complications" and that he had gone To
NeNico AZ ii Their" changed his name while
III "A desperate mental state and under ia,
influence Of liquor"
And what il moro monst rous, said Mr..
tovington, is that before the AFFIDAVIT
wa signed Sir William Van Horne knew
thai this man he'd changed his name"
Nr Covugton then read from the testi-
ruouv in which Harding svore that he had
written a letter 10 SIR William informing
him he had changed his name on account
of domestic and business troubles.
Tho business troubles were the in
oictmcnt-," said the LAWYER. of which I
hayo certified copies here
judo" keogh interrupted Mr. Covington
+" say that the matter was most serious
and nat before proceeding he must de-
in1ud an EXPLANATION from the other side
Mr. Mansfield then said th0t hc had heard
hat johnson had changed his name, but
that ne had his new name registered in
cuba, He d"uis d, how yer, that he knew
OF his record. Mr. tnNlucton hastily said
hat he cNoneraIei Mr.. Mansfield from al
blam" in the matter. MIR Covington said
further that Percival Faraquhar, assistant
70 Sir william, had testified AZ the trial
thgt no person had r"ccivcd any stock
without paving clsh for il This was In
dispute Of McT.aurin', claim. Then Mr..
Oovington read from the bankruptcy pro-
ceedngs in which Harding testified that
Sir William had given him a share Of
stock
"Sir William sat here and heard Mr..
Fauuuhar's testimony" said MIR Coving-
ton T. ~" Court, and not only made no
attempt to 3 this Curt right but
he now brlnEs in this nian under an as
sumcd name and asks for new trial. II
= Dr'nOstprNuS
Mr.. Mansfield who was evidently taken
completely by surprise by some of the
ALLEGATIONS said that while he believed
johnson had a right to change his name
he had no knowledge Of the matters re-
ferred TO and asked TO be allowed to see
the iapcrs Judge keogl said that he
had been disposed To grant new trial
but that he did not feel 80 disposed in view
Of the Allegations. he reiterated that
il was most serious matter.
IF | am satisfied that this man has con-
tradioied himself 50 and that his record
Is such a. related here, | certainly will
not grant now trial, he said
He then told MIR to"ington to show Mr.
Mansfield lis evidence and TO submit all
the papers to him within two weeks
According to the papers in the possess
sion of Mr.. tovir gton, johnson was ar
rested by His creditors on oct. % and was
examined ON that dav and on oct 20 be-
fore Commissioner Alexander He swore
that he had received salary of $500 month
IN cuba, that he had received a share of
stock from Sir William and that he had
turned il over to his father to settle with
some creditors in Missouri. II was be-
cause Of this arrangement, Mr.. Covington
said. that the indictments were not en-
forced, johnson. or Harding, swore that
he did not know of the indictments. al
though he admitted he owed money to
certain coal companies Of which he had
been agent In Missouri, and ii was because
az this, he said. that he left the State and
changed his name
In an AFFIDAVIT his uncle, Hiram ID. Hard
ing with whom he was once in partnership,
sprnrs that Harding had msappropri-
atrd funds longing to some Of the coal
companies. He also Hf'irms that Johnson
marli-l ia cuba tine daughter of a wealthy
planter named ANA last year and that