New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-01
SAYS M'NAUGHT
Learns of Stipulation Exempt.
ing Witness from Liability.
E. w. CLARKE IS ACCUSED
Body Judgment Issued When
Defendant Refused to Pay for
Alleged False Testimony.

Alleged raise IeSIlmOny.
Roy II. Mcknight, former president OF
the Erkins Company and son Of Colonel
ames Mcknight, formerly general coun-
eel Of the Northern Pacific Railroad has
not only appealed to the Appellate Dl-
vi-ion in the action on which judgment
was given against him and an execution
issued against his body-because OF which
he SURF endered to the Sheriff Friday-but
has made allegations that false testimony
was given against him by Erastus Weeden
Clarke a promoter and treasurer Of the
Erkins Company, who was one OF the
defendants
The suit against Mcknight and Clarke
was brought by Joseph r. Eastmond,
who alleged that he was induced by false
representations TO invest 5000 in the com
Iany A peculiar situation arose at the
time of the trial OF the action, which was
not included In the accounts OF the case
az heretofore publicly set forth. This
was the fact that Mcknight, who was
compelled to stand the brunt of the re-
sronsbllity In the action, did not make
the alleged false representations. The
contract among McNaught, Clarke and
the latter was released from liability In
the action by the plaintiff upon Clarke
becoming a witness for Eastmond.
After the trial Mcknight learned OF
the existence OF a stipulation between
counsel for Eastmond and counsel for
Clarke which read as follows:
1t Ia stipulated and agreed by and be
tween Marshall A. Barney. attorney for
the plaintiff In the above entitled action.
and Isaac Well, counsel for the defend
ant III astus w. Clarke, that etipula-
ton bearing. date February 10. lsiS this
In escrow upon the condition that the
sam, shall be delivered to the defendant
Clarke IL the said Barney Is satisfied
that the evidence furnished by the said
Clarke will be reasonably slfticient 70 IN.
sure each Of the said plaintiffs to recover
Judgment against the defendants upon the
tIial. 1t is understood that SAID Barney
shall deter mine within three days before
the day OF the trial Of the above actions
whether the aforesaid evidence Is sum
cent as hereinbefore provided. Said
Well shall thereupon be at liberty 10 de
liver to said Clarke said stipulation.
MARSHALL A. BARNEY.
New York, March H. 1912.
Also there arose q disputed point about
an inventory, TO which Clarke had tesu-
fed. The inventory was lost, but upon
its recovery Clarke acknowledged that
his testimony about an alleged deficiency
in the company was not accurate. Upon
the addit onal evidence produced by Nc
Naught he obtained an order Of new
n tho
advice OF his father, Colonel McNaught,
10 comply with the terms Of the courts
order, which taxed him $50 and costs IN
the action. including $40 for the taking OF
Clarkes alleged false testimony before
trial.
A memorandum filed In court by conn
sci for Mcknight on the matter OF hHns
bond for the payment OF costs SAID
In cart:
The giving OF bond TO secure the pay
ment OF Judgment under such rcuu!-
stances would be aiding and encouraging
perjury and conspiracy. The legal ana
moral effect of such stipulation was
carefully considered by the court n q
case disDarring "A lawyer reported IN Jhs
The courts uniformly condemn all agree
ments tempting witness TO commlt
De. Jury. and would certainly say that
larty lltgant tempting such witness
or entering into an agreement ! nalhs 70
tempt a witness to commit perjury is not
entitled to any consideration or protec-
ton, such as would reward him by way
of costs or other conditions incurred a.
such "A proceeding.
Mcknight has appealed from the judg-
ment obtained against him by Eastmono
and also against the order OF the court
granting the motion for a new trial only
on condition that he pay the costs Nc
Naughts counsel argued that Clarke gave
the testimony upon which the verdict was
rendered against McNaught under the in
tuence OF the stipulation by the terms OF
which re was to escape liability as a
co-defendant, which could legally have In.
cluded arrest
Az TO the execution against the person
of Mcknight. his counsel moved TO va
cate II because Il had not been Issued
within three months after the date OF
entry, but was unsuccessful because Of
STAYS Of proceeding formerly granted oy
the court. In the meantime, as early ss
June 9 last. Colonel Mcknight went to
the Office OF bonding company and
placed there ten 5000 bonds of the Atchi-
son, Topeka & Santa Fe Railroad &c
surety for q bond for his son when
neeGed. Mcknight the defendant ulo
not az any time seek to AVOID the service
Of the execution. His son fell from
tree in Staten Island. where he was visit
ing. and Mcknight and his wife imme..
oiately went there. McNaught returned
10 New York last Thursday, and the next
day called on the Sheriff 10 have the
execution served on him, giving the oond
for which his father had arranged.