New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-02-17
KILBY LOSES HIS PERMITS.
CONTROLLER MYERS THINKS TIE BRIBER
AND THE BRIBED EQUALLY GUILTY.

DE LANCEY NICoLL SAYS THE WITNESS SHOULD
HAVE BEEN PRoTECTED-A GENTLE RAP
AT MR.. BEEKMAN-rHE END NOT
REACHED YET.
Charles p. Kilby, the New-Jersey marlxefman
who testified before the Commissioners of Accounts
that he had paid Lewis Schoonmalxer, Assistant
Clerk of City Markets, $500 to obtain two stands
in the new West Washington Market had oc-
casion yesterday TO regret his appearance upon the
witness.stand. Controller Myers took prompt ac-
ton in his case and revoked his permits. This
action, the Controller said, was taken upon the
advice Of The Corporation Counsel When it was
suggested to Mr.. Myers that the probable effect
would be TO shut off further testimony of that
sort, because the marketmen who had been obliged
to pay money to get their stands would not be
likely to invite similar consequences by following
in Mr. Kilby's footsteps, the Controller insisted
that such was Lot his purpose. He thought that
the briber was as bad as the bribed and that both
should DO punished The Commissioners of Ac-
counts received the news of the Controllers action
with surprise. Mr.. Holahan said that he thought
Mr. Myers had been kasty in the matter. II he
had consulted me-" the Commissioner added " l
should surely have advised him to more delibcra-
ton"
d. NJ Durell, the principal complainant on the
part of the dissatisfied marketmen, was highly
indignant, and expressed his determination to
withdraw from the case. lie also said that he
had settled with Mr.. Nicoll and would have no
more to do with the investigation. When
find that am injuring poor
man like Mr. KiIby, want no more
Of it, It's an outrage when man has been
baclxmaied as Kilby was to break up his busi-
ness and ruin him, further to protect the black
mailers 1t is notice to every stakeholder who
paid money TO keep away or he Will lose his
stands My object was TO help these poor fell
lows, but feel that am only iniuring them, and
now wash my hands of the whole affair
De Iancey Nicoll was found at his Office, No.
1 0 Wall-st, yesterday, and was asked by Tribune
reporter II it was fact that Mr. Durell had with
drawn from the market investigation in conse-
ouence of the revocation of Dir. 'kllbys permits
by the Controller, and that as another result the
Investigation had been brought to an end. Slr'
Nicoll replied:
II IS not the fact Tho investigation will proceed
on Monday morning and shall be there as usual
Mr. Durell who has borne the major part Oh the
expense to date, was good deal put out this morning
when he heard Of the Controllers action regarding
Mr. Knbys stands and said something, probably, to
emphasize his disgust. He feels also that everything
Mayor regarding the manner of the allotng OF the
stands has been proven. But he has not withdrawn
from the investigation yet and as have said IL VII
60 forward usual on Monday
feel that the revocation of Kilby's permits, follow
Ing as II has so swiftly upon his testimony was
very iadvised exercise OF power on the Controller
| part. Tho constitution and laws Of the State Of
New-York invite witnesses of the bribery Of officials
TO come forward to testify. In, place of visiting
| fhav
| anteed immunity. 1t was certainly mistaken tudg-
ment upon the Controllers part not to characterize
It by harsher term, for its effect is to close the
mouths of standhoders VINO have obtained their per
mits as Mr.. Kilby obtained his and to limit and
hamper tho Investigation. At its worst, Kilbys case
was ono Of defensive bribery. He seems TO have
been driven TO IL ip order to prevent me loss OF ms
| livelihood. When be came forward voluntarily ana
told the truth ne was III lat should
| be the cause Of the misfortune which has beiaen
him. in urging him to testify to tho facts. lie Ougnt
to have been protected for he has rendered puohc
It is no part Of my business to criticise tho Cor
poration Counsel, but cannot help observing that
he appears in a queer light. supposed that y was
part Of the duty Of the law officer Of the city to
protect the interests Of the city and not 10 defend
parties who have manifestly been engaged in line
q conduct at variance Tn al nc former hc conceived
| Schoonmalxer collected and turned over to the
| city on Thursday $1,000 in market rents lie
| was supposed to be engaged ON Friday IN collect
Controller heard of Kilbys testimony on that day
he s. nj messengers &c the markets and TO Klby'
| house No Ill West Forty nlnth-st, but the as
sistant clerk could not be found. Subpoena
| servers detectives and messengers from both the
Controllers and Commissioners of Accounts offices
| continued the search yesterday, but without re-
suits as far as it could be learned.
Mr. Hoahan said that he hoped that blr.
Schoonmaker would come forward and tell what
he had done with the $500 that he received from
Kilby, but when it was found that he had appar-
emily ded the testimony bearing upon the bribery
had been sent to the Dstrict-Attorney.
Mr. Shoemaker was appointed clerk in the
Financial Department. in 1873 by, Andrew H.
Green then Controller. Controller Myers thought
himself justified in the action he had taken lie
said: " I started in TO stop this subletting and
speculation and 1 propose to carry out what /
have begun. have already revoked the permits
of Finn Tubbs Callahan and the two meat in
spectors and shall revoke the permit of Howell
who sublet TO Mandel and Of every other man
who has subet his stand. Boyle, the man who
lives In Hoboken and falsely represented that he
was citizen of New-York, has been summoned TO
show cause why his permit should not be re-
voked As to Kilby, do not see why man
who has confessed to an act of bribery should
be treated with any consideration. l have re-
be treated with any consideration have viewed
this matter from the moral standpoint only, and
had no thought as to the effect of my action upon
Assistant Corporation Counsel Wiclxes, who was
present at the Controllers office, said that he
did not believe that the revocation Of Kilbys
Wickes added that he had been informed that
the Investigation would last no longer than Mon
day, at any rate and that IL was not probable that
there were any other witnesses TO testify specific
acts of bribery. On the other hand Commissioner
Holahan said yesterday that a score of witnesses
had been subpoenaed for tomorrow, and that II
was the purpose of the Commissioners to go on
with the inquiry as long as there were any wit
nesses TO examine. IL was stated on apparently
good authority, that Mr.. Nicoll had been re-
0uested by the Commissioners Of Accounts 70 con-
tinue TO act as counsel in prosecuting the M
curry, and that ey en- il the aggrieyed marletmens
fund for ths employment of counsel had been
exhausted, some means would be found for pro-
yiding Mr. Nicoll with compensation;
Mayor Grant, Corporation Counsel BeelSman ana ma
Movor's ofHcb late yesterday afternoon. When
asked what had been determined upop all OF them
"a saw however That matters were somewhat con-
fused. but he said positively that the inquiry
would go on. o...o,,ou,.
right TO revoke Mt will permits for nar6et-stands
was likely to be questioned in the courts. 10
Il, in no