The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1911-01-27
SENSATION SPRUNG IN JUDGE
C. A. WiLLARD'S COURT.
Attorney for the Milwaukee Road
Flashes Affidavits in Which Wit.
nesses Swear That They Gave
Perjured Testimony in a Per-
sonal Injury Suit; Charge of
Conspiracy; an investigation.

Conspiracy; an Investigation.
Minneapolis, January 23-Proceed-
ings in personal injury case before
Judge G.. A. Willard of the federal
court were halted Saturday by the
plaintiffs attorney when the attorney
for the defendant produced affidavits
i signed by the plaintiff and two Wit
nesses in previous trials that their
| evidence was untrue and manufac-
| tured for the purpose of obtaining
damages. The affidavits were so
startling that the opposing attorney
asked a continuance of a month so
he could investigate.
| The affidavits accuse attorneys Of
Winona, Oswald A. Newsome, the
plaintiff, and William j. Googan and
tempt to make case against the Mil
waukee road that would result in
heavy damages. They relate the
story the witnesses told in court
charging that Newsome was threat
ened by two freight brakemen unless
he jumped off moving freight train,
how they rehearsed for three weeks
the stories to be told by witnesses,
and agreements to divide the money
| in the event of success at trial.
Is a Famous Action.
The case of Oswald A. Newsome
has been tried four times in federal
court at Winona, since the fall of
1905. The first time it was before
Judge Page Morris of the federal
court and the jury gave verdict
of $4,000 to Newsome, whose right
foot was cut off, August 4, 1904,
when he jumped off moving freight
train of the Milwaukee road near
Winona. The case was reversed by
the circuit court of appeals. Upon
second trial before Judge Charles F.
AmidOn the jury disagreed. third
trial before Judge Morris resulted
in a verdict of $4,000 for Newsom~
and this was reversed At the No
vember term of court in WinOna it
was before Judge c. A. Willard and
the jury returned a verdict of $11 900
for Newsome.
Seeks to Set Aside Verdict.
Argument was on Saturday before
Judge Willard for setting aside the
verdict and entering judgment for
the railroad company, or, failing in
that, for new trial. Nj. B. Web
Der of Winona, counsel for the road,
produced three affidavits from the
plaintiff and his two star witnesses,
in which they swear that testimony
given at previous trials was false,
untrue and manufactured"
III. NJ. Lamberton, who appeared
for NewsOme, was SO taken by sur
J prise by the affidavits that he asked
a continuance for a month, stating
to the court that he wished to in
vestigate matters.
first trial that he is an Englishman,
only a short time in this country;
that he had gone on strike in 1904
with other employees of the Armour
company in Chicago, and was beat
ing his way" on freight trains from
pulled out of Winona two brakemen,
Kennedy and Dodds, ordered him to
jump off the moving train, and that
one of the brakemen followed down
the side ladder of the car, threaten
ing to injure him if he refused. New
some jumped and his right foot was
cut off. In every particular Of his
story he was cOrrobOrated by Harry
Eckfeldt and William ]. GOogan, two
others who were beating their way
on the same train.
Newsome in a New Affidavit.
In an affidavit obtained from New
some in Winona December ID, 1910,
Newsome says: 'The testimony given
at previous trials was false and un-
true in every particular" and the af-
fidavit continues: Il was solicited in
the General Winona hospital by III.
M. Lamberton and advised by him
and w. ID. Abbott and each and both
of them, that it would be necessary
to show that force was shown The
testimony was prearranged and time
and again recited in the office of
Lamberton and Abbott"
Newsome's affidavit also states
that he has spent most of his time
in Winona at the expense of his at
tOrneys since the accident He states
that the attorneys were to get half
the amount recovered and he had
agreed to give the two witnesses
each one-fifth.
One Witness Was Afraid.
William j. Googan in his affidavit.
obtained at Detroit, Mich, states that
he had entered into the plan with
Newsome and Eckfeldt to stick to a
story of force being used, but when
the matter dragged on so long he
was afraid to testify at the last trial
for fear he would be arrested and
charged with perjury. He said he
was urged by the attorneys to tes-
tify to the same story in the last
trial, but feared to do so. He did
not appear at the last trial and for
this reason the railroad attorneys
looked him up and obtained the af-
fidavit.
Eckfeldt was found at Kancac City