New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-11-09
WHO LEASED THAT PIER?
DARK WAYS OF THE DOCK BOARD!
THE ONLY THING CERTAIN is THAT THE CITY
HAS BEEN PLUNDERED-INTEREsTIN


DEVELOPMENTS EXPECTED.
The Commissioners of Accounts, aided oy Oor-
poration Counsel Clark, spent most OF yesterday
trying to find out who the man is thao ie"S'a
Pier No. 55 East River on May l, 1881 Acc',u-
ing to the records of the Dock Department .u'S ~
pier was leased 10 one Thomas O'Brien at 81 i,ooo
rental. In addition TO this O'Brien bouhd hlm-
self to keep the pier and bulSheau "0 OneiiS
st. in proper repair The securities on hiS oohu
were Charles Boyle, of No. 23S East lmrty-hihth-
st.. and Kaufman Wourms. OF NO l,oo% M"osoh-
aye last December the lessee defaulted in his
rent r. was found, also, that he had neglected
his agreement to keep the pier in repair, and
;ns,.ction showed it to be in dangerous
S;t;on The Dock Department took steps to dis
,.oxsess O'Brien but lie, somebody for him.
EMPLOYED ex-senator Joseph Koch, now an Excise
Commissioner, TO dispute the question, and on
February IA Mr.. Koch obtained from Judge Larre-
more, in the Court of Common Pleas, an IN
isnction restraining the Dock Commission from
interfering with OBrien
When Corporation Counsel Clark entered upon
the duties of his office in June one of his first
discoveries was that this injunction had been
allowed to stand four months without at
tempt being made to dissolve IL. The case in
the hands of Assistant Corporation Counsel Frank
a. Irish. Mr.. Clark's Investigations satisfied him
that Mr.. Irishs hesitancy in dealing with the
matter was of singular character, and he
promptly demanded his resignation. which was
offered at once and accepted. This was on June
%. The case was then put into the hands Of
another assistant, Sidney j. Cowen. and on July
5 Judge Van Hocsen dissolved the Injunction.
Instead of going ahead and disposseSsing OBrien
they might have done the Dock Commissioners
entered into a new arrangement with one William
L. Smythe, as O'Brien's representative, allowing
him to retain possession of the pier by paying the
insignificant sum of fifty cents day for each
vessel docSed there.
The facts above stated are necessary to a proper
understanding of the interesting testimony taken
yesterday by the Commissioners of Accounts
Corporation Counsel Clark present on behalf
Of the city, and Michael j. Kelly was counsel for
the absent O'Brien and the people behind him
Among the interested spectators ex-Civil
Justice William H. Kelly, well-l1nown County
Democracy politician Of the XVIth Assembly Dis
trict Enough was brought out to prove that
the whole transaction was corrupt, the bond
worthless and that the city had been plundered of
its revenue. There is little reason 10 doubt that
the alleged lessee, O'Brien, is a myth.
Charles Boyle, one of the sureties" the
first witness He said that he was janitor of the
for sixteen years. He had been appointed by
Judge Kelly and had two brothers on the
police force, presumably through the Judges
influence Being asked by Mr.. Clark if he knew
Thomas O'Brien, the lessee of the pier and bulk
head the subjects of investigation, the witness
answered in the affirmative. He had met him at
Kellys place, at Far Rockaway, two years ago.
TO be exact, Mr.. Boyle wasn't that il was ]
Kelly's place He believed that Kelly leased it
from Judge White. He also was impressed with |
the belief that O. Brien lived at No SIG East |
Tifteenth-st and did business on Staten Island. |
He thought he had seen O Brien in a crowd once
and once in Kellys court, but he wasn't sure
Being asked to describe O'Brien, Boyle said that
he WAS a smallsh-sized man with a black mus
tache. a smart active bright-loOlIing man. about
me own height" the witness added, " and much |
younger than he looks"
The witness had signed o Briens bond in Judge |
Kely's private room in the With District Court |
building. Judge Kelly, he said, had asked him |
10 do So When asked by Judge Kelly TO go on |
the bond, he had replied that he would if it was |
- all right" and the Judge had assured him THAI
it would be all right"
Are you the Charles Boyle" asked the Cor |
poraton Counsel, who began the taxpayers suit |
Ia restrain gas companies from awarding contracts
10 electric light companies? ?7 Yes" answered |
had property.
The other bondsman, Kaufman Wourms, gave
similar testimony. lie was cigarmaker at No. |
14s West Twenty-third-st,, he said and didn't |
own any property either. For fourteen years he !
had been Interpreter at the With Judicial District
Court. He too, had been appointed by Justice |
Kelly. When asked if he knew Thomas y Bren. |
he answered
"Holy Choseph! he vas dead, wasn't he. Sharly |
addressing Boyle Dot dot leetle Dommy |
OPrien down in d. lower end of d. deestrlck. |
wasn't it ?"
"Chudge Kelly the witness said, got him to
90 on O'Brien's bend. He. too, had signed It |
in the Justices private room. Kelly had told |
him that there was no danger" There might be |
few repairs TO make on the pier but y Brleh
would make that ali right. When asked II he
bond Woums said that he had owned a cigar shop
once but longer the proprietor. Then
he added, with shrug OF his shoulders and
smirk:
"Chudge Kelly makes dot all right"
W: L. Smythe' who, acting for the alleged
O'Brien, had made the advantageous arrange
ment with the Dock Commissioners, was sworn
next. Smythe said that he lived at No. 55 South
Eighth-st., Brooklyn and had been in the ice
business at Pier No 80 East River for two and a
half years from April 80, 1887. lie had a part.
ner Peter Butterly. in the coal business, but the
latter had interest IN the ice business. Tie
witness understood that Thomas o Brien had bid |
in the pier for 81 900 a year through
ex-Justice Kelly He knew Thomas O'Bren well
and had seen him at the Everett House within
a week The pier had been bld IN IN this way to
prevent rival ice companies from knowing about it,
lie had paid Judge Kelly 25 per cent by check, and
had carried on the ice business under the name
Of the IIazetine Ice Company since May 1887.
He himself was the company He had paid the
rent himself to Dock Commissioner Matthews.
he never received transfer of the lease from
OBren. The witness said he had boohkeeper
praned William +. O'Brien. who signed many OF
DIS checks
.nd dhe coal company was organized a year ago
Gnu was known as the Grand Street and East klyer
& &Eoal Company BITTERLY the partner IN TINS
h az It had been introduced to the witness
Ji;dn.t .ypustlee ptlee Kelly two years ago. Mr.. Snytne
Wul... q. -. Il . hn