New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-07-01
CENSURES c. L. HYDE.
Justice O'Gorman Says He Tried to
Deceive Plaintiff.

In a decision Just handed down by Justice O'Gor-
man, of the Supreme Court, in the suit OF Charles
L. Sper. president of the Staten Island Midland
Railroad against Charles Livingston Hyde and
William r. Garrison, the court severely arraigns
Mr.. Hyde. The latter is member of the Tuxedo
Park colony, and his father until his death few
months ago president OF the City National
Bank of Plainfeld n. j., and was one OF the
original Pennsylvania oil men. Young Mr. Hyde
married Miss Edith Godfrey daughter of former
partner of Drexel Morgan & Co. Garrison
is also a member OF the Tuxedo colony and
grandson of Commodore Garrison. He married
daughter of the late Charles r. Coudert few
years ago. Both men regarded as wealthy
The suit which resulted in such an arraignment
OF Mr. Hyde by Justice O'Gorman was instituted
by Mr. Spier. wLo, besides being at the head OF
the trolley system # Staten Island. is prominent
resident of Richmond Borough. to secure an ac-
counting and 20 - about $4,000 from Messrs
Hyde and Garrison for his interest in patented
typesetng machine.
According to Mr. Spier, he brought the machine
to the attention of~Messrs. Hyde and Garrison in
November. 1898. Ee says they evfnced great inter
in it, and told him to find out all that he could
about It. Mr. Spler says he made report which
induced them to to finance the project, pro-
vided the control of the company owning the ma
chine could be obtained Mr.. sper added:
After considerable work and upon assuming large
purchase of the control Of the company at salts
chine wa. brought to New-York and installed at
No. % Broad-st and a pool was formed with in
terests controlled by James r. Keene. in which my
interest and remuneration for the work had done
was fully and plainly set forth. The machine
ers ana we were able after considerabie work to
form company with capital OF 100000
Mr. Spier. continuing. said that Hyde, realizing
the profits likely to be made by the pool,
sent for him May S. 1899, and upon false repre-
sensations to the effect that the bankers had made
such exactions as to leave but a small profit to
the credit of the pool induced by these false
representations TO modify my interest to the extent
of accepting about one-third less than 1 was
actually entitled to, and also inducing to re-
duce my interest in the foreign patents about one
half
Mr. Spier says that the company finally or
gained in May. 1899. and some six months later
while abroad he ascertained from member of the
pool what the actual profits We're. Mr.. Spier at
realized that he had been imposed upon. and
he at once placed the case in the hands of his
attorneys, Weeks. Battle & Marshall and several
suits were brought, in which damages were
awarded him and the relief he had prayed for.
The case was carried TO the Appellate Division of
the Supreme Court, and a retrial was ordered for
the purpose of deciding whether Mr.. Hyde was
guilty of fraud not, in all of Mr.. Sper's
dealings with Messrs. Hyde and Garrison. his
business was transacted with the former The
case came up for trial before Justice O'Gorman
last week and decision was reserved. After sew
eraI days deliberation Justice OGorman handed
down a decision in favor of Spier, in which he
says
have concluded TO accept the plaintiffs version
of the disputed conversation and Incidents that
irnents made by the defendant Hyde were repre-
sensations of fact and not mere expressions of
knowledge Of their faisity and with the intention
10 misead and deceive the plaintiff. who, in fact,
present. and make invalid the agreement of that
ment of March q is proper and there will be judg-
ment as prayed for in the complaint