New-York tribune., 1909-12-18
WITNESS POPS UP
ETIDENCE ON TAP.
4fdaUits offered to Both
Sides an Br0h,a7c Case.

MsneolAs LNAE 4sAdnNs Lee. IA DrfeT
sensation was sprung this afternoon in the
supreme Court here. where the Brokaw
,eoaration suit is being tried. by the story
that man. who gave his name as Thomas
Rogers Of No. l4I Crescent street Long
Island City, called up Arthur j. Baldwin
counsel for the plaintiff, and told him that
ne had a party with him who had seen Mr.
Mcintyre pay a man $50 in that city last
night 70 testify for him. A few minutes later
he called up Mr.. Mcintyre and said tat
he had seen Nj Baldwin pay Mrs. Frank
Gould a large sum of money TO testify for
him The man was enticed the court
house. and while there offered 10 make
affidavit TO Mr.. Brokaw for $50 as to what
be had seen. He wss arrested by a court
officer and taken to the grand jury room,
where he finally admitted he was lying, and
was sent from the building and town.
Shortly after court convened this morn
rg Mr.. Baldwin rested the PLAINTIFFS case
AFTER the plaintiff rested Mr. Mcintyre
mace the usual motions for dismissal.
which were denied. and an effort TO con-
fine che pleadings TO either cruelty or aban-
eCnment was also denied.
The first witness called was Henry T
Knox lifelong friend OF Mr. Brokaw. who
vas building a wateTworks on the Fair
view place. Mr.. Knox said that there was
e room in the Fairview place called ''Har-
rvs room, which was reserved for him
He spoke OF the troubles which had oe
Cured between the Brokaws as childish
ard unreasonable. When they first came
TO Fsirview their relations were all that
could he desired.
''Brokaw never took a drink for twenty
FIVE years, TO my certain knowledge. until
his trouble with Mrs. Brokaw," said Mr..
Knox
Mr. Knox said that on one occasion when
Hr Brokaw was very angry he had heard
him call his wife a damned fool and idiot
and that ali the quarrels between the
couple started frof some trifiing thing.
i vel remember the night that Afss
B7ckaw took the poison tablet" said the
witness 7 ran TO the floor and found
Billie wringing his hands, crying and in
q highly nervous state. went TO his
room with him and managed to olIiet
hn after a time"
That ended M. Knoxs testimony for
the morning session.
MRS BROKAw SERVED IN SUIT.
Just before court convened this afternoon
Mrs BrOkaw was served with summons
in ar action for SO brought against her
h. Morris Nizel of Manhattan, for SER
wees rendered on December 3 1908 The
officer who served the summons waited
until Mrs Brokaw had had her dinner
n the hotel opposite the courthouse and
served her without attracting general at
tsnton,
When the Brokaws had decided 10 sepa-
rale for a snort time Mrs. Brokaw went
70 New York. and from there was TO 90
70 Savannah, and the day after her hus-
band left. said Mr. Knox. Mrs. Brokaw
said that she was also going 10 New York.
6 Billie had gone there TO see his law
yer. ana size was going there 10 see hers.
she had started 10 walk TO High Point
% take train. the distance being ten
niles. when she was overtaken by her
-atle1 and persuaded 10 come back Her
nurse had tried 10 stop her from going
By locking her clothes Up, but Mrs. Bro
kzv had defed both her nurse and her
father. NJ. Knox said that when Bro
ksw and his wife had spat they both
talked so rapidly thau nothing could be dis
t1g1ished- 1T reminded me OF the effect
o. hcrse sneezing in a barrel of -four"
he said
On cr0ss-examinaton by Mr Baldwin.
M- Knox said that he had on several
occasions seen BrokaW when his condi-
ion could have been occasioned by drink
ing. and had heard him call his wife a liar
and AZ IDIOT There was 10 doubt that
" Br0kaw was jealous. he said.
James Bagley, the coachman at High
Point. was then called. He said that when
NJ Brokaw and his bride came TO Fair
view they drove about the country by
themselves. and seemed 10 be perfectly
happy once Mrs. Brokaw told the witness
that she was very unhappy and that some
O. the guests did not treat her as though
sle was the lady Of the house. Bagiey said
he never heard Mrs. Brokaw and her hus-
hand Quarreing When q number OF tele-
grams pu-porring 70 have come from him
we're shown by Mr- Baldwin. he said that
As knew nothing whatever about them.
Bag.ey replied 10 NJ Baldwin that ne had
never refused 10 take Mrs. Brokaw out
riding. that ne had never received orders
from Mr. Brokaw not 10 take her, and that
oa the conrrar-, he had taken her out
three OF four times z week through the
sumner
7 was always on hand to take her out
On Saturday or sunday" said the witness,
because the automobiles We're not taken
oat on those days by order Of Mr. Brokaw,
Who did uC- want Mrs Brokaw in the cars
i ol those days. there being 50 much traf-
1 re-
bsgley SAID Cu Cross-examination that
MS. BrckaW did not complain OF The way
1 hsr husband had treated her. only Of the
manner IN which some OF the guests
sighred her.
ALWAYS FRIENDLY. SAYS WITNESS
T. 2. Gilbert wss the next witness He
assumed an easy pose IN the chair bracing
AS back against the box, and gave his
4 arms and head fun swing in answering all
4 Questions of Mr. Mcintyre. He said that
ne Brokaws in ms presence were always
agreeable, and that Brokaw was always
oflhs. so-icitous. never anything but low
Ag' and, 10 his knowledge, never cruel
Speaking % tle time they were coming
1 ION Southampton. he said that he had
passed A-s. Brokaws rooms as she saw
i Men. and b. had heard her say she would
oe CANNED II she would stay IN those
I rooms
Speaking n Mr. Brokaw's refusal 10 let
rs wife have the automobiles, he said
1rekaw never had more than one good
nschine IN MS life. and time and again had
borrow mine"
speaking q TIE time when Mr.. Brokaw
4 Isc refused 10 allow his wife 10 purchase
'Ie leW gowns which Mrs Jimmie" Mar
-l had bought but never worn, because OF
asr husbands death. Mr. Gilbert said he
aeard NJ BrokaW tell her that ne did not
asnt his wife to wear any one else's cast
W clothes that he was perfectly able 10