Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1889-11-28
o,nrnxn,, AuppnN InLxnss.
RtPrevcnts thc Colonel from Testify
tng Abn,,t sAe ~ nOn Eaa

ing About the Si3, 900 Fee.
The New York Times OF Saturday had
the following II was the intention OF the
commissioner on accounts and the oor-
poration counsel to round up on Friday
Tim" Shea'B story OF how the oystermeu
at the foot OF Charles street were "bun
koedn ont of Sl3, 900 rs disclosed in the
Developments OF the dock department in.
yestigation. They had Issued sub.
pmua for Colonel John O'Byrne, the
lawyer to whom witnesses testified The
$4,000 was paid to tilaence legislation
at Albany. Subpoena Server Redmond
called at the colonei's house, No 2l7 East
Thirty-tirst street. Mrs. O'Byrne came
to the door, and on learning the nature
OF the business said that her husband
was too ill to be seen. lie had received
q sudden shock and was under physi-
clans care.
Mrs. O'Byrne did not say whether il
was a mental or physical shock the
colonel had sustained. A formal oert,f.
cate would bs made out, che said not
only for the commission but for use in
court cases.
1t was learned Colonel O'Byrde was at
his office in the Stewart Building until
| p. m. on Thursday, and that he was "not
in" at the house during the evening.
Wednesday afternoon he was ut funeral
in Brooklyn, and that evening he attended
the court-martial proceeding In the Ninth
Regiment armory in West Twenty sixth
street. He was seen there by TINES re-
porter, and never looked better He re
fused to make statement about the big
fee paid him, and said IL the commission
wanted him they knew how and where to
find him.
1t was late On Friday afternoon when
the colonel's aon handed an affidavit TO
the commissioners Of accounts. II was
peculiar document, SO peculiar that young
mr. O'Byrne expressed the hope that il
would not be shown to the reporters.
The affidavit purported to be by DR..
Thomas L. Joyce, a pFRcticing physician
at 2l7 East Thirty. first street. He affirms
that he has been attending ohm O'Byrne
at his residence; that this morning he was
suffering great pain from a seyaro attack
Of seihticnl; that said OByrne is confined
to his bed and room, and is utterly unable
and will DO for few days, to leave his
house; that he Is incapscitated from At.
terdiDg TO any business Whatsoever"
Tho affidavit was sworn to before
Robert O'Byrne. He is the oolonol's son
DR.. Joyce is the colouels law aud
lives il the colousls house. Under the
circumstances the investigating commits.
sion felt constrained toerant Col. O'Byrne
leave Of absence until nert week.
WHAT MR.. o'nYRNE SAYS.
New YoEK, Nov. 2d.-Johu O'Byrne,
| Who got sl3 600 for his legal services in
| getting legislation Ter the oystermen,
demonstrated his determination to Join
the Thirteen Club by having subplpga
served ppon him at IL Is a M, yesterday.
Mr.. 0'Byrne was seen soon after tho
subEnoa was served. He woB evidently
sick man, snd was Obliged TO apply ire.
quently to his nostEilg on aDeIhetic to
dull his sense of puin. II nave been
subpmnaed," said be- appear or Mon
day, and shall be on hand il / can pos.
slbly get there. have nothing 10 con
ceal in this natter and will testify fully
and free Y. Tho money was legitimate
counsel feos and when | show what an
amount Of work did for my fee people
will be astonished Just think Of The
fees that nre paid lawyers ia the city.
Why, the lawyer in the Broadway rail-
road matter got $25, 900 for doing moth.
ing; another got $4,000 for precious
little worn"
Colonel John O'Byrue, whose alleged
fec Of Sl3 QUO received by him from the
oystermen for procuring for them the
eXolusivoness of the Charles street pier
caused the commissioners OF accounts to
call upon him for an explanation, was
the most important witness in the dock
department examination in New York
Monday.
Colonel O'Byrne related the circum.
stances of his employment by the OYSTER
men; committee of whom lad called
upon him. He wanted retainer, bnt
the oystermen objected, and it was finally
agreed TINT the work desired should be
done on contingent fee OF SI3, 900.
| Colonel O'Byrne first asked for Sl5 600.
| II was first proposed to give the oyster
men lease for 20 years, hut Colonel
O'Byrne and Boyle, the oysterman, went
to the dock department aGd talked over
| with President Post, who said that lease
1 could not be given. Colonel O'Bgrne
called on Mr.. Post several times, be-
| cause he was more amiabla than
Commissioner Matthews II was them de.
cided that an effort should be made TO have
a bill passed setting aside the Oss,les
street pier for the uystermen, as Colonel
| OByrne was satisfied thar "a q matter Of
| law the dock commissioners bad not the
| power to ret it aside. Az to the Eesolu-
| ton subsequently passed by the dock
| department granting the privileges but
| making them revCcable, ColoEel O'Ryrne
! maintained tbst while as matter of law
the privileges might at any time be 10.
yaked, nevertheless equitable rights
would arise which would prevent o
revocation OF the permit, in his opinion,
| except FOR cause. AS TO the size OF his
fee, he did not think it was exorbitaat.
Not word would have been said aboat
it il Burke Cochran, Joseph Il. Chonte
or Roscoe Conkling had received such q
fee.
The witness said that after the bill
went tnTough at Albany he got the dock
commissioners to adopt the necessary
resolution and then notified the oyster
men. He told them ho had accomplished
ell that he promised to do, and thought
that his fee shonld DO paid. They paid
over the $4,000.
Considering the service rendered, he
regarded the compensation as Just. He
had received much larger fees in his
practise. He had been paid as high in
one case as 100000. He got 900, he
said, for CITY cB7o given him by Judge
Morgan J. o'Brien Just before he left the
corporation oounsel's office.
NEW YoRK, Nov. &c The commits.
s;oners of accounts in their investigation
into the methods Of the dock department
to-day snb4unRed Chief Engineer
Greenc. He Is supposed TO have prau.
tically run the department fer number
| az rLntn Ilnr.. nunLt..r, n.,,..,--.l L1tu..-