New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-11-04
Lawyer DiSbarred in 1900 Gets
Court to Reopen Case.
VICTIM OF FRAUD, HE SAYS
Declares Witnesses Against Him
Were All in Employ of
Traction Company.

Because Of the scandal caused by the
airing Of alleged irregularities few years
ago I'm the court proce edings of the Metro
politan Street Railway Company, the APP
nellate Division Of the Supreme Court de-
cided yesterday 10 give Benjamin Open
| heinz disbarred attorney. a chance 10
/ prove his innocence of the charges on
which ne lost his right to practice his pro-
! fcssion.
Oppenheim was disbarred eleven years
ago on the charge that he fraudulently
obtained a judgment for $500 against the
Metropolitan company. The Appellate d.
vision accepted the statement made 10y
Oppenhcim in his petition for rehearlnS
OF the accusation that the witnesses against
| him were in the employ Of the railway
company.
The lawyer made the statement that the
witnesses against him were paid by the
railway company. He declared that the
proof Of his innocence was discovered III
a trunkful of vouchers of the Metropolitan
! company. which we're used i'm the proceed
ines to have William Travers Jerome re-
moved as District Attorney for MS ldl'u'e
10 prosecute the officers OF the metropolitan
|
II was in 1896 that Oppenheim was coun-
sci for the guardians of Hannah Nuseh''
| four years old, whose leg was crushed by
car. The suit was brought and the jury
gave a verdict for 5000. The company
| moved to vacate the judgment on the
| ground that the verdict was obtained
through the perjury of witnesses Tor the
plaintiffs in conspiracy with Oppenheih
II seems i'm searching for witnesses OPP
penheim employed a young Italian parDer'
who produced two girls who said they Sa"
the accident Louis Il. Julian, an inNesti-
| gator for the company, subsequently en-
Moved the barber and the latter, II Is
charged induced the two girls 20 make
adidavits that they had not seen the acci-
dent and had been coached in their tesu-
mony 10y Oppenheim.
Justice Scott, in giving the unanimous
opinion Of the court yesterday, said 1t was
alleged that the referee to whom the mat
ter was submitted was continuously
DRINK while holding the hearings. which
the referee and other Witnesses FOR MN &c
MED" II was also alleged that the rail-
way company paid the referee $3.50 Tor MS
report. which was out of all proportion Tor
his services, declared Justice Scott Inc
same evidence adduced before the referee
Of the case was used before Hamilton
Odell. who was referee on the charges to
disbar Oppcnheim. Justice Scott said:
"If il appeared that all those witnesses
were in the employ Of the railroad COM
pany. il is certainly very doubtful whether
this court would have accepted their oVl-
dcucc. II does now so appear. II is sig
nifcant that the payment of the princlpal
witnesses began at or about the time the
motion for a new trial was made.
Oppenhelm said in his petition that wien
no learned about the finding of vouchers
showing the use made of money by the
company in court proceedings and discov-
| cred that the Metropolitan company sent
! two of the witnesses Of the, accident to
Philadelphia for a month or more, he felt
| if his duty to inform Andrew Nugent,
uncle Of the injured infant SO that he
might move TO, right tho wrong tina; bad
/ been done.
The referee mentioned 10y Justice Scott,
said Oppenhcim. was WILDER Mcbride, a
brother-in-law Of the late Justice Charles
~ Truax McBrides report came before
Justice Truax for confirmation but he re-
fused to confirm it. Oppenheim added In
his petition referring TO Hannah Nugent:
she IS now a young woman or nineteen
and is hobbling through life with only one
leg. having lost the other i'm this accident.
She is dependent upon the charity Of her
step-father. and had been deprived of com
pensation for tho loss Of her limb by the
sam" means that ! have been deprived Of
my position at the bar and my reputation
i'm the community
Tho Appellate Division designated former
Justice Gdcrsleoye 10 act As referee Of
tho rchearing on the charges against OPP
penheim and gave the dsharrod lawyer
permission 10 ask tho Supreme Court 10
have the 5000 Judgment against the Metro
politan company restored.