New Britain herald., 1917-01-20
THREE NEW HAVEN
LAWYERS ACCUSED
Alleged to Have Conspired to
Disbar Attorney 0'Neiu

| Oppenheim, who proved that his dis
barment of eleven years was pro-
cured by perjured testimony, were
made yesterday IN aff1davits submit
ted to the First Department of the
| Appellate Division on motion of dis
miss charges of unprofessional con-
duct brought against Thomas J.
O'NeiH, lawyer Of 500 Broadway.
on a complaint of lawyers for the
New Haven Railroad. -
Charles J. Fox, an employe Of the
New Haven, who was the principal
witness against ONeill, asserted in
the new aff1davits that his testimony
| had been false and that he had been
| Influenced to give 1t by Charles NJ.
Sheafe. Jr., John M. Gibbons, and
Joseph Sweeney Of the legal depart
ment OF the railroad. The charges
OF Fox We're denied emphatically last
night by Mr.. Sheafe, who pointed out
that Fox had told his story against
o'Neill without variation on many
occasions. Mr.. Sheafe added that
FOX had admitted that he had not
told the truth when he had made the
recantation of his story against
| C'Neill.
Charges of unprofessional conduct
AGAINST O'Neill were that he had
agreed to pay to Fox. who, as a
brakeman, had been injured in the
Fairfield wreck several years ago, the
sum of $40 a week while he was
awaiting the trial Of his damage suit
against the New Haven and that he
had induced him to state falsely that
his residence was in Westchester
County in order that the trial should
| IN
| to Appellate Court for its decision.
The affidavit OF Fox was made on
Jan. 8. Mr.. O'Neill said last night
| that on that date he was trying a
| case in White Plains when Fox came
to the, courtroom and told him his
conscience and told him his con-
science hurt him and that he wished
| to recant his charge. The lawyer
said he hurried Fox before Supreme
Court Justice Plat in White Plains,
who took the affidavit.
Mother Urges Truth.
In it Fox charges that the three
lawyers named had threatened him
with prosecution If he failed to make
the charges against O'Neill. He add
ed that Charles M. Sheafe is the man
who kept telling me to put my
charges up to Mr.. O'Neill and to
s+ick to them" Fox said that his
reason for making the recantation
was that his conscience hurt him and
that his mother continually urged
him to do it.
Another affidavit submitted by ex.
Senator Edgar w. Bracket, who rep
resented O'Neill. in support of the
motion to dismiss the charges of un-
professional conduct, was from Mrs
Jane Fox, - years old, the mother
She corroborated the statements OF
her son and told OF his struggle with
his conscience.
Mr.. O'Neill said last night thai
Charles M. Sheafe had testified or
cross during the hearing
OF the charges that the New Haver
and the New York Central had agreed
to divide the expenses. of prosecuting
him. The lawyer said that he hat
made affidavit that he had collected i,
sixteen months more than s215, 900 IL
. damages from the Tew Haven. He sale
that witnesses on his side in damage
. suits against railroads had been in
=, dicted in Yonkers. In Connecticut, IL
u Schenectady and the Bronx, but tina
| none had been successfully prose
| cuted.
Fox Considered Not Reliable.
- Mr.. Sheafe said over the telephone
: from his home in Rye last night thai
the recanting affidavit of Fox was but
q | "the weak effort of a witness to gel
, | Thomas j. O'Neill out Of a hole be.
cause Fox at heart felt friendly to.
ward O'Neill."
= I'm his opinion in the disbarment
proceedings against O'Neill," said Mr.
O Shesfe, "Refcree Friedman said thai
Fox was not worthy of belief-in snor'
he said Fox was a liar, but that his
testimony was backed up by so much
| documentary evidence that he wa:
8; forced to believe the documents them
= selves and to send his findings to the
II appellate division, which passes or
!, | disbarment proceedings, on the basi:
:, of that docume ntary evidence.
:. 1.-THE testimony which Fox tried te
recant," he continued, was given by
= him in three separate proceedings OF
7. \ record extending over a period OF
5 more than four years. Since Mr.. Fo,
made his affidavit he has told me tina
= he was sorry he did it-that he wa:
Just trying to help O'Neill out of {
hole Within a period of two weeks
g before he made it he told four per
9 sons-Kenneth M. Spence Of so Wal
t. street, counsel for the Bar association
myself, and two employees of the New
Haven railroad-that he had been of
fered $1,000 to make such an affidavit
"Fox was injured in the Fairfield
wreck. For the New Haven I settled
the case with O'NeiN for Fox, his eli
ent. O'Neill tried to get half thu
J., amount of the settlement instead O
=, one-third. I went into court for Fo!
). and forced O'Neill to give back tina
n Bright Eyes