New-York tribune., 1906-06-06
CANFIELD LOSES CASE
CALLED n PERJURER.
Scathing 1rraignment Of Gambler
by Dclahunfy's Counsel

John Deiahunty won IFS suit yesterday against
Richard a. Garfield, his former client The jury
irving the case in the Supreme Court was sent
out by Justice New5urser at p. m. and re-
tur-1ed al &: 80 p m with the announcement tna'
:, has agreed on a verdict in favor of Mr..
Delahunty for the fuli amount claimed by him.
ss5Oss so This amount is exclusive Of the
notes for $4,000 and $1,000 in cash which Mr.
yDalahur.tv received from David Bucklin. man
ager q. Canfeid's gambling house in 44th street
al the tiTre Bucklin received $4,000 for the
rotes amounting 20 100000 which were sup
posed 10 have been given by Reginald c VAN
derbilt
AFTER the announcement Of the verdict Mr.
Mooney Of Mr.. Delahuntys counsel, asked JUS
tice Newburger 10 grant an allowance for IN
terest on Mr. Delahunty's claim for commissions
from the time the suit was brought Counsei
agreed that the interest would amount 10 S5.4Sl
bu, Mr. Rattle Of Canfeid's counsel, opposed
the granting Of allowance for interest
..Do Won insist on the payment of interest on
,his claim? ?" asked Justice Newburger. turn
,ng 10 Mr. Mooney.
I'VE DO" MIR. Mooney responded
Justice Nezr5urger said he would receive
memoranda from both sides on the subject MT
Mooney then asked for an extra allowance out
Justice Newburger said he would not hear any
argument on the question, believing that oe-
cision Of the Appellate Division prevented the
granting Of such a motion. He denied mouoA
Of Mr. Marshall Of Canfeid's counsel TO set
aside the verdict. but granted stay of thiry
aavs 10 enable Canfield's counsel 10 prepare
case on appeal.
Mr Marshall said last evening tha. Canhelo
had not decided whether he would take an ap-
,,.a, an the case There would be no decision.
he said untn after a consultation between can
field and his counsel
In summing up for Mr. Delahunty carry IN uie
afternoon. Nr Mooney told the jury that When
Garfield paid Mr Delahunty's bill of s2,5o Tor
obtaining a settlement of $4,000 in the Breek-
eur4dge case he admitted the agreement 10 pay
q commission of % per cent in the settlement
OF such claims He continued;
Garfield denies that he ever agreed to pay -
,,er cent for collections. except IN the Breckeh-
yidee case He has committed rank perjury,
and I assert it, He has come into court
veIcher and nobody knows better man ~. Saii, saIs
.8eld what that means. Buckin ana Oanneia
are both liars and perjurers. They proVec II
when they went the stand and testlheo re-
rsnfiela testified that he had quit gambling
forever on December 3, 1901 yet he sWears
again that that 100000 account was not closed
,1ntil six months later on, in May ISU- BUCK
lin and Garfield had been convicted before ana
knew they would go 10 jail If convicted secoho
time. Both lied TO keep out or 1all ana then ne.
they came here 20 try 10 cheat my client out
OF his just fee.
In giving the case to the jury, Justice New
burger said. in part:
The mere fact that the defendants business
was nor such as we may look upon favorably
does not mean that you are 10 allow that 10 N
auenca YOU You must find upon the facts.
II YOU believe that the plaintin gave the pest
advice he was capable of giving, then you must
determine the value of the services Ihat Is
difficult problem. and the jury must consider the
reputation Of the lawyer. his standing and eK-
perience the nature Of his advice and It's value
his client
There IS no arbitrary rule that fixes the
amount and you must do that. You may con-
slider the testimony of the experts, hut you are
not bound by their statements.
] am going to ask you 10 remember one thing.
Remember you are here TO consider the question
between the two men. You are not to be swayed
10y passionate appeals. We are not here 10 con-
\ denim mems morals The mere fact that per-
IN son had heretofore been convicted Of a crime
n should not influence you 10 decide against him