The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-02-12
FRAUD CHARGED
IN WOODY CASE
Continued From FRS, plge.)

Continued from Firs, Plge)
retained Edgar B. English and L.. o.
Wendenburg to bsinS tho suit that
after preparing and filing tho papers.
they became dissatisfied at the con-
Trajectory nature of the evidence, ana
dropped the case. after which Mrs
Woody retained AIessrs James ".
Goruon and Hill Garter.
air. English makes an afTidavit to
the effect that hc was retained short
~ after the accident: that he had fire.
quent- conferences with Mrs. Woody
and her two sons. and with Tom Good.
win. who was stated by Mrs. Woody
and other witnesses to have boon an
eyewitness, but who in tho former
trial took the stand and testified that
he had not Witnessed any such acct
dent, but that Mrs Woody had asked
him TO testify in her behalf MIR Eng
lish swcars that he did not retire from
tho case until July IL, 1910, twenty
montns after tho alleged accident; that
In that period he had had froqueni
consultations with Mrs. Woody'5 Wit
ncsscs. and that In all that period he
did not know, and, In fact. was not In.
formed until during tho argument b,
counsel In tho trial Of the existence OF
Miss Wells and Mr.. Miller, who in the
trial appeared as cycwltncsscs.
Sprung New witnesses.
Mr.. English says that he was aston
ishcd to find that Mrs Woody knew
Of two eyewitnesacs unknown to
aim. both Of whom testified to having
seen the accident and assisted in car
ing for the injured woman.
Mr.. English Says that 1t was at the
suggestion OF Mr.. Woody that he
called In Mr.. Wendenburg. and that
after bringing tho suit. both he and
Mr.. Wendenburg became so dissaus-
he'd with tho case that they retired
from all connection with 1t before it
~as tried, after which Mrs. Woody
detained Mr.. Carter and Mr.. Gordon
superintendent OF transportation &.
B. Buchanan makes affidavit that after
tho verdict q certain man came to him
and volunteered the statement that
Mr.. and Mrs Cardoza and other rcla-
ives would testify for tho company.
this party saying that he was not
willing to sit by and see the COM
aany "stung" Captain A. b. Guigon,
IS general counsel for the company.
makes affidavit that all Of this evi
dence reached him after the trial, and
that It was of a nature that the COM
pany could not have secured by the
exercise of ordinary diligence. the
parties being relatives of the plain
tiff. and now volunteering their attida.
Wits and protesting their Willingness
to testify in court should the case be
tried again.
Charge Conspiracy nnd Fraud.
For all Of these reasons tho COM
pany asks that the verdict be set
aside because OF after discovered evil
dence. Showing a monstrous edifce OF
conspiracy ana fraud" and that new
trial he ordered
a sensational incident OF the forme.
trial was n severe arraignment Of the
street car company by Attorney James
w. Gordon. who sought to impute sin
ister motives to the admission Of the
company that II had made certain pay.
ments to Mr.. Woody for the time los,
from work In coming TO the company's
Office to make his statement Attor-
neyS for the street car company stated
that 1t had always been the rule OF
the company to pay per diem and trav-
cling expenses to witnesses who ap-
peazed in Its behalf
Mr.. Woody Changes Sides.
Another sensational feature Of the
trial was the action Of Mr. Woody on
the stand, denying latly the affldavit
no had previously given TO the effect
THAI there had been no accident. and
the later positive Identification OF Mr.
Woody by the stenographer who took
the affidavit and other witnesses.
according to Mrs. Woody. the acct
dent happened in front Of FIRE engine
mouse: she was lifted to the curbstone
by her friends, and twenty minutes or
half-hour later was taken home in
buggy None OF the firemen. no police
officer. and no passenger or employee O;
passing cars came forward as Wit
ness or any accident or gathering OF q
crowd. and the suit was not filed until
the afternoon Of the last day OF the
year allowed by law for filing such
actions