New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-11-12
IGNORANCE AND ROGUERY.
THE DOCK BOARD AND ITS PARASITES.
n WITNESS swEARs HE PAID s25oo TO AA
u,ncr KELLY FOR HIS INFLUENCE WITH
THE COMMISSIONERS IN SECURING
PIER FOR 81, 900 A YEAR

The evidence taken yesterday III V oo-s
partment investigation before ooui''ep,~.,m pnroor
Holahan and Barker. OF 'ne cora+;or
of Accounts; proves tnaU ,ybsn
60, CIarL made no mistake wheh
=, o., ;r,erDew nrinted in The Tribune OF ouhuay'
=. oharact.-;zed that department as lnles'eo "lOn
"' - ,,oo,lators and pferers which oniy inc
aa,o., measures would expose ana eN'er-
M Clark scored ten-strlke yes'er-
a. in adducing evidence TO snow 'na' eA-' usUe ''
s,!,,i uaS ~ Kelly had received $4,000 from Will
e. r Smyth. the manager OF Tier NO o.
Tsst Rjver. for his Kelly's influence with ths
Dock Department in obtaining for HIM the tease
~ the pjer at 81 900 year in the name OF Inomas
O'Rrien Smyth is the ice-dealer VINO came from
Albany about two and half years ago, bearing
letters Of introduction from Edward Murphy, Jr-,
now chairman of the Democratic State COMMITTEE
and became ex-Justice Kellys CLIENT
According to the testimony of Slnyths former
hootkeener William F. O'Brien, Smyth paid the
J,dre 81 GOO by check and 81 800 in notes, and
+bongbt rhe bargain good one. Other testimony
rcvealed the loose business methods prevailing
in the Dock Department. the abundant chances
for large and small thieving, and the ASTOUNDING
ignorance of Dock Board officials regarding their
duties and what was occurring IN their depart
ment
Iceman Smyth the real lessee Of the pier con-
tinued his testimony, aud the Corporation Counsel
made renewed efforts TO draw from him the 1acts
relating to the renting of Pier 50, East River,
through the dummy" O'Bren. Mr.. Smyth, as
he had been directed, brought with him package
of account books They purported TO show his
ice and coal business transactions. The names
Of the Smyths recorded in the books were SO
numerous that Mr.. Clark found great difficulty
in determining their identity. -Smyth made a
tough" witness lie appeared on the stand with
n disdainful smile, which retained is place on
lis countenance until his boolllleeper told of the
navments made to Judge Kelly Then the smlle
was succeeded by scOwl of dense blsckness.
The name L. S. Smyth" appeared on the
business billheads, but Mr.. Smyth sid he didn't
know who L. S. Smyth was. 1t took
Mr. Clark some time TO discover
that it meant Smyths sister, Elizabeth
S. Smyth, and that NJ F. Smyth another name OF
FREQUENT occurrence, was Mary Frances Smyth
another sister. Both the women had " assisted
him in the Office Smyth said that they were now
at Bethlehem, in Albany County
Smyth's affidavit in the injunction proceedings
was again produced by Mr. Clark, and the witness
was compelled to swear that three assertions maue
therein were false Mr.. Clark pressed him closely,
but be kept away from admitting that the un-
truths were his own by refusing to admit that he
had signed the affidavit. lie swore point-bank
that he had not sent ex-Judge Kelly check for
e1 600 n short time after o. Brien" got the lease
He said that he and Kelly had MANY transactions
together, but they had nothing to do with DOCKS
or niers His evasive answers caused ConmIs-
sioner Holahan TO observe:
"Your memory seems damaged beyond hope OF
repair"
William F. O'Brien, the bool<keeper whose pres
ent place of abode Mr.. Clark had skilfully sue
ceeded in drawing out of MIR. Smyth while ne was
rsrrvinp the CORPORATION Counsels questions, and
had sent for while Smyth was testifying, was the
next witness. Spytb gave his former employe an
uely look as he took the stand and sat glarins
savapelv at him while the eX-boOklleeper was
being examined.
Mr. O'Bricn said that he was not the mysterious
O'Brien didn't know him, and never saw him
He also said that he kept the daybook, ledger and
check book for Smyth. Early In 1887, soon after
the pier was leased he had entered check on
the books drawn by Smyth TO eX-Judge kellys
order. He had done this by Smyth's instructions
and had received the data from Smyth.
What was the check for ?" asked Corporation
Counsel Clark.
NJ j. Kelly. a lawyer, vehemently objected TO
this The Commissioners required Mr.. Kelly 10
say for whom he appeared. Slowly and with evil
dent reluctance Mr. Kelly said he appeared for
n.
Judge Kelly" His objection was overruled, and
the witness said that in frequent conversations
Smyth had told him that he had paid ex-Judge
Kelly g. $500 for securing the pier lease. AT the
time of the 81 900 entry Mr.. O'Brien understood
from Smyth that the check for that amount was on
account of the lease. In addition Smyth had said
that he was TO pay Kelly $1,000, making the
$4,000 The witness knew from Smyth that WHEN
the pier was put up for lease the upset price was
$1,000. He always supposed that Smyth, BITTERLY
and Kelly were the coal company.
Smvth's partner Peter Butterfly, was sworn,
and lie testified that ne in the coal business
at Pier No. 80, East River with Smyth and that
he lived at Jericho l.. !. EN-Judge Kelly, he said,
had asked him 10 go into the coal business with
Smyth. He had formerly been in the coal busl-
ness and when Kelly introduced him to Smyth
had objected 10 going into ii again. 1t was a
small business, he said; not enough to pay the
coal bills Butterfly didn't know OBrien the lessee
either He supposed that Smyth was the lessee
of the pier He had signed the bond for Smyth
in the Injunction proceedings without reading it.
The remaining witnesses under Mr. Clark's ques-
tioning. revealed some facts about the Dock De
partment interesting TO taxpayers: Gouverneur
kemble. secretary of the Dock Board, said that he
had been appointed by Mayor Hewitt May A. 1887
He had been employed by the West Point Iron
Foundry until it failed Mr. kem9ie was aston
tias TO O'Brien's bond. 1t was not his business
he said 10 look after the sureueS: neither did he
know whose business IL was. -
Then for all you know" Mr.. Clark queried
The sureties on all the dock leases may oe fraudn
1ent?s
Mr. Kemble looked good deal ratified, an'
men said, hestatingly: suppose SO yes.
Inc secrctary's ignorance of the departmehlIa q
business business did not end here. He admitted thal N
coua net tell how many piers the city owned o
% whst rentals were paid for them. lie though
that most Of The big steamship lines hai per
on lhe North River, but he wasn't sure. liz
hach hesfd Of the Citizens Line, and was sur
Srlsed 70 learn that it paid the hi CHEST rental fo
hn.o aJem psnSTes ,s % In New York lie didn Know
Where the Wmte Star, Inman, Cuion or CuBare
pers were ne believed that the lnman Line palTS i
Hailla L