Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-02-04

duce these witnesses at the time Of the
trial, yet IN aHidavits presented to the
court he pleaded under oath that new
evidence had come to his attention.
Mr.. Haley introduced an affidavit show
ing that he consulted Frank Fitzgerald,
attorney, concerning validity of the con
tract. because he himself was not familiar
with the practice Of law in Indiana
This is the most amazing procedure
that has ever come TO the attention Of the
court" stated Judge Carter. THE jury
did in this case. as it had a right to do
and the court did what it had the right
to do, to believe the fewer witnesses who
appeared for the plaintiff"
MAKES FLAT
Perjury CHARGE.
In discussing Mr.. Haley's aHidavits
asking for q new trial Judge Carter
said:
THAT is perjury. You say that 1t is
new and competent evidence you desire
to introduce when you admit that this
new evidence you desire to introduce
when you admit that this new evidence
happened in your presence. st is per
jury when you say that you could not
Introduce this evidence at the time OF
the trial
"In this case a practfcing attorney at
this bar shows that he is not hit to
practice law, and every day this attor-
ney is taking money from people when
be Is supposed to know the law.
'This think Of brokering in law has
to stop. This thing Of hanging out
single and then running to another law
yer for advice must stop.
"You came to my chambers and made
some inquiry about this case and then
you asked the bailiff of this court to use
: ~ tie q
a finding in your favor The baiIiff in
formed you that influences did not count
for anything in this court"
Mr. Haley started to make some re-
marks and Judge Carter then asked him &:
what did you say to my bailiff? II
you desire to make a statement, put up
your hand and be sworn"
Mr.. Haley refused to make a statement
under oath.
CRIME To TAKE
PEOPLES MONEY.
1T is a crime for you TO take money
from innocent people who come to your
Office seeking your advice as an att0r-
ney," said Judge Carter. 81 propose to
have an attorney make an Investigation
to determine if you should be cited for
indirect contempt Of court I will refer
the papers in this case to the Marion
County grand jury to determine if there
has been perjury, and ] will refer the
matter to the bar association for the
purpose Of determining If disbarment
proceedings should be fled against you"
"An right" replied Mr.. Haley, as he
collected the data on the table before him.
Mr.. Haley previously had stated that
all be desired in the case was "substau-
tial justice" as he felt the verdict OF
the jury did not give him that.
You say that you want substantial
Justice ?" said Judge Carter. rs it
substantial justice to the other side to
bring in witnesses after a finding has
been made?
You did not bring any experts here
during the trial?"
mo, I didn't bring any here" an
swered Haley.
You expect the court, as an ex parte.
to bring in these witnesses with no
cross examination by the other side?"
asked the court.
Haley answered:
Il think it is the duty OF Ihe court
anywhere when injustice has been done
to do that. / am so satisfied that an in
justice has been done to US that II we
have 4 new trial we will win it,"
Mr.. Lang was represented by Lewis
Rosenberg and Jacob Morgan, practicing
attorneys Of Indianapolis.
Mr.. Haley is an elderly man and came
from Cincinnati to Indianapolis some
years ago.