New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-12-13
LAWYER PUT ON TRIAL
Client in Divorce Case Admits
Her Affidavit Was False.
CHARGE is CIVIL CONTEMPT
Proceeding Grows Out of Harden
Case, in Which Eugene H.
Burr Was Correspondent.

The trial OF John Reilly, q lawyer OF No
265 Broadway. for contempt, on a charge OF
wilfully decefving the court by a false am
davit. was begun yesterday before Justice
Greenbaum, in the Supreme Court The
affidavit, in which Reilly is charged with a
civil contempt, was submitted by Mrs. Lean
Harden in the suit brought by her nus
band, James Harden, jr., for divorce
wherein Eugene H. Burr, OF the firm Of
Burr Brothers, arrested by the federal au-
thorities for alleged misuse of the mails
was the correspondent.
When the case came up for trial, about
two weeks ago, Mrs Harden. who was 8
client of Reilly, submitted to Justice Green
baum an affidavit in which she said that
Mamie Bradhurst negro maid who vas
to be an important witness for her, nae
gone to North Carolina. and on that &C
count she would like an adjournment o.
the case William Rand, IT., counsel rol
Harden, brought out the fact that the n1ate
had spent the night before in the home OF
Mrs. Harden, who, it vas said. had tried to
keep the girl away SO that she might no.
be q witness for the husband.
Mrs. Harden admitted on the stand yes
terday that she old not tell the truth in the
affidavit that she submitted to the court
She said that Reilly had made the affidavit
and that when she swore to 1t she did no,
know what it contained. She said that on
the morning when the case was called she
went to the Office of her lawyer and that
when she got there the document was al
ready drawn UP.
Rand, who is prosecuting the contempt
case by the designation Of Justice Green
baum. asked Mrs. Harden yesterday If II
was true that Reilly whispered to her.
"Jtick to your affidavit" as she was about
to go on the stand when the case was
called for trial. Mrs. Harden answered
that her lawyer did SO instruct her. She
said that later she criticised him for max
ing her do what was not right.
81 really don't know why did it, said
Mrs Harden.
Rand instructed Mrs. Harden that she
need not answer questions II thereby she
feared she would incriminate herself, but
the woman seemed anxious to tell every
thing she knew about the case
II guess I must have done il to help
him." she said, meaning Reilly.
Douglas Levien, a lawyer who IS asso-
ciated with Reilly, testified that he, and
not Reilly dictated the affidavit signed by
Mrs. Harden He said that Reilly, who
was in North Carolina and that he did not
want to go on with the case until she re-
turned. Levien said ne drew up the paper
for Mrs Harden to sign on the facts given
him by Reilly.
Ethel Walters stenographer in Reilly
office. was called to the stand and contra
dicted Levien, saying that Reilly, and not
he. dictated the affidavit.
George Gordon Battle, who appeared as
counsel for Reilly, argued that Justice
Greenbaum lacked jurisdiction IN the case.
as the alleged contempt was not committed
in the court. Justice Grsenbaum reserved
decision on this point The case Will go
on to-day.
Reilly withdrew from the divorce case
when it came to trial the day after Mrs
Harden submitted the false affidavit. and
the latter did not defend the action, The
Jury giving verdict for the husband.