The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-06-08
LAWYERS ZEAL STIRS
JUSTICE DELANY'S IRE
Court Rebukes w. II. Griffin
for Appeals to Sympathy
of Witnesses.
DAMAGE ACTION rs LOST
Jury Thinks Plaintiff Was Run
ming. Not Walking, When
Struck by Car.
DAMAGE ACTION rs LOST

As the result OF happenings in the
course Of a trial before him Supreme
Court Justice Delany rebuked William II
GRIMM trial counsel for the plaintiff. who
is associated with w. Bourke Cochran,
law hrm' and announced his intention OF
sending the papers in the case to the Dis
trict Attorney and the Appellate Division
OF the Supreme Court for action.
The suit was brought by John J.
Crumley against the New York Railways
Company for $4,000 damages. The case
hinged largely on the question whether
Crumley was walking or running when
he was hurt. Crumley alleged that he
was struck by n car at Ninth avenue and
Forty-frst street on December 80 1912,
and as a result of his injuries lost an
eye, is in danger OF losing the other and
suffered broken Jaw and other injuries
The testimony developed that Crumley
had been in a saloon and uuarrelled with
George ]. Sperle. a letter carrier. who
was OF peaceable disposition and good
repute. Crumley. II Is alleged. threatened
to strike Sperle and the latter left the
place. Crumley followed Sperle and
struck him and then ran away, with Sperle
chasing him.
The plaintiffs counsel tried to prove that
Crumley was going about his own affairs
in n peaceable. orderly manner when he
was run down by car In charge Of an
inexperienced motorman. The defence con-
tended that after committing an unpro-
voked assault Crumley was running away
to avoid the consequences or his unlaWful
act when he got into the way OF the car.
Lemuel L. Quigg. trial counsel for the
railroad company, asked Sperle. who was
| fsA shnV, hA
had talked about the case. and the court
refused to let him answer Then the law
yer brought out unexpected admissions
that Sperle had made false statements
about the circumstances Of the accident
to help Crumley. He said that Crumley's
lawyers went to his house and won his
crippled mothers sympathy and at her
request he agreed to tell an untruthtul
story about the accident.
Running or Walking.
Sperle said he made his statement to the
plaintiffs lawyers about six weeks ago.
James Sheridan, railway mail handler,
who also was a witness for the plaintin
then told OF an interview with Griffin and
Charles HARDWOOD, trial COUNSEL Tor 'rum-
ley, when his wife was present.
''I told them the man was running"
said Sheridan, land Mr.. Griffin asked me
why / didn't say the man was walking.
He told me II l said the man was run
ming there wouldn't be chance In ntteen
that the man would win. He told me the
railroad company didn't care for me or
nobody else
Sheridan's wife said that the two law
yers were in her house an hour and half.
Griffin took the witness stand, and. ques-
toned by Quigg said he merely had tried
TO use his best efforts for his client. 1t
then developed that Griffin told Sheridan
| liza
say that Crumley was walking, and a
juryman asked:
"What was your object In saying that
the other witnesses would testify that the
man was walking
II merely wanted him to search his
memory" said Grimm.
After Justice Delany had charged the
Jury he turned to Grimm and said:
Judge Rebukes Lawyer.
Now, young man. I want reckoning
with you. 1t seems to me that II is my
| duty to send this record to the District
| Attorney and the Appellate Division. !
| do not see how your statements and the
statements of the witnesses In this case
| can possibly be reconciled."
81 hope your Honor does not accuse
me- said Griffin, and the court
| stopped him with the statement:
IT accuse you OF nothing will waii
| until the Jury renders its verdict, 4
notify you that l am sick and tired OF
attempts to induce witnesses to qualify
their testimony by appeals to their sym
pathies or by warnings that their testl-
mony will conflict with the testimony OF
| other witnesses"
The jury brought In verdict for the
defendant. When Griffin was questioned
about the case yesterday he said he had
done nothing that wasn't necessary to ge,
| the evidence.