REVEAL AUTO SUIT AGAINST M'GRAW

The New York Times
November 25, 1922

Baseball Manager's Motion for Trial Discloses Woman's Action for Injuries by Chauffeur.

A suit against John J. McGraw, manager and Vice President of the Giants, for injuries sustained by a woman alleged to have been run down by his car more than five years ago, was disclosed yesterday when Justice Donnelly in the Supreme Court granted an application of McGraw's lawyer, John M. Ward, for an early trial and ordered the case put on the calendar for Dec. 11.

According to the papers filed in connection with the application, the man driving the car, Frank Kauff, who is alleged to have been Mr. McGraw's chauffeur, was indicted on Tuesday "for conduct growing out of the accident." He is said to have made a deposition that he "had the car out for a joy ride without McGraw's permission. The plaintiff, who is Mary A. Butterfield of 104 West 102d Street, charges through her attorney that this testimony is false and "is the result of a conspiracy to successfully defend the claim."

Ralph A. Gillette, attorney for the plaintiff, asked that the trial of the civil action be deferred until after the criminal action against Kauff, on the ground that testimony bearing on his authority to drive the car the night of the accident probably would be disclosed on his trial. Mr. Ward asked that the case be restored to the calendar because McGraw expected to leave the State soon, to be gone for several months. The justice's action was a victory for McGraw.

According to the papers attached to the application, the accident occurred on Oct. 3, 1917. The summons and complaint were filed on Dec. 9, 1919. Mr. Gillette, in his answer, alleged that an automobile belonging to McGraw and driven by Kauff, accompanied by two young men, struck Miss Butterfield at Broadway and Sixty-seventh Street. Kauff, he alleged further, picked up the woman unconscious and by opening her handbag found her address. Then, it is alleged, Kauff carried her up two flights of stairs and left her on a couch with it notifying a physician or the police.