New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-25
MAY CHARGE PERJURY,
INTER. MET. LOSES CASE.
Corporation Counsel Considering
Prosecution of EmpIoNes.

The Corporation Counsels office is seriously
considering whether to begin prosecutions for
! perjury against employees Of the marlborough
/ company, and the cause of this was developed
yesterday in the 7th District Municipal Court.
Judge Roesch presiding. The case before Judge
Roesch had its inception early last January.
! At that time one OF the bowling down
Third avenue had the sign "PostOfice' con-
/ spicuously displayed on the forward part.
1t was rather late at night. Four men among
( the passengers had seen the sign and had settled
/ down to enjoy a long rest before reaching their
destination. They were l.. Mivile. of No. Is
/ AIacdougal street. Cyrus F. Marshall. NOe 81
East 14th street; Hugh McMahOn. No. 81
/ Third avenue. and Fred PIeschke of No. 11OI
I First avenue When this reached the barns
at Goth street the passengers were told to get
out and TO take the forward.
This order filled the four men with dsdain,
indignation and a full measure of beliigerence
They refused to obey It about 1 O'Clock
at night when the order given. 1t was {
O'Clock IN the morning when the same car with
the same men headed south for the Postofice
The suit resulted. which brought through
the Corporation Counsel's office as against the
car ahead" regulation.
The case came up for a final hearing yester-
dav before Judge Roesch. The company's en-
/ pIoyes had held that the brake out of order,
that other parts Of the mechanism of the car
were not what they should be, but when morn
ing came the same car. without visible repairs
or changes was hustled out Of the harm as II
the brakes good qualities had never been ques-
toned The four who had spent the night
In the car brought suit.
When the case came up yesterday the rail-
road had it's witnesses. all employees. who went
into detail regarding the wretched condition Of
the car. They told of the brake. which one OF
ms sat HINT
wheel. and impossible of control. other equally
libellous things were told about the mechanism
OF the car The men who maroOned in
the barn over night were willing to admit
that the railroad employees tried the brakes
when the car was switched into the barn. They
were also willing admit that the employees
used all sorts OF disrespectful expressions re-
garding the car and its mechanism
But 1t so happened that three Of the marooned
passengers mechanical engineers They
kept close tab the employees them try
the brake. heard the disrespectfui remarks and
Investigated to satisfy themselves that their
martyrdOm might not be I'm vain. They tapped.
turned. twisted. shook and did several other
things TO arrive at a correct diagnosis OF the
ailments Of the car When they through
each and all were willing TO put their signature
10 a clean bill OF health for the vehicle which
was marked "Postofice" And then the suit
brought.
Yesterday Judge Roesch heard the testimony
OF the railroad employees. who said the car had
every wheezy complaint that machinery could
possibly have. Then the witnesses against the
company went on the stand. the aforesaid me-
chRnlcal engineers and gave Exhibit l. perfect
mechanism. Exhibit =. brake I'm fine order. cleo
trical connection perfect: Exhibit q perversion
OF fact by company employees. Judge Roesch
reserved decision.
Last evening the Judge told a reporter for
The Tribune that he had found verdict Of 500
for the plaintiffs. When this information was
conveyed 20 the plaintiffs T. given out that
there would be prosecutions for perjury against
the lnterborough Railway employees. II was fur
Their said that the employees OF the company We're
compelled 10 periure themselves 20 hold their
Jobs. and that no matter what the prosecution
might be the employees obeyed instructions from
the office
The company last night denied that any infu-
ence whatever was used among its employees.
they were asked to tell the truth and not under
any circumstances TO permit their personal bias
TO interfere with their judgment II was said
that the case would probably be appealed.