The sun., 1889-11-26
COL. OBYRNE WON'T TELL
WHETHER OR NOT HE GAZE BOYLE
ANH OF THAT $4,000. .


Royie IL the County Denaocraev CaIleetor
or Campaign Funds-The Colonel Says II
was PureIy n Counsel Fes-DockiaautsV
Bogert's wire's Bank Accounts.
Col. John O'Byrne was sufficiently over
his attack OF sciatica to appear at Yesterdays
hearing in the dock investigation and nive his
version OF the story ofthe $4,000 counsel fee
He was armed with counsel and with pile Of
leather bound books. Col oByrne had al
ready stated, through TIE Sun, that the S13,-
OOO which the oystermen gave him 10 have a
dock and bulkhead set aside for them was for
counsel fees only. He sat down In the Witnoss
chair and brushed his long hair back from his
forehead Lawyer Abraham Gruber Informed
the Commissioners that he appeared as Col
O'Byrne's counsel. He said:
TwAnt It spread upon the record what this examina.
on is for and for what purposes my client IL to be
amlned ask this 90 that shall know what IL pert
nent aud what questions are proper to be asked and
answered. ''"
Mr. Ciark-The gentleman has not the right In my
opinion to make any such requests ...r,.,
Mr. Grubsr-I should like 10 know whether this sx-
animation entered upon At the direction Of the
Mayor OF the city Of the Commssloners voion.
Nn ciark-You have no right to ask such . question
Commissioner Holahan said tho Commits
sioners Of Accounts had, according TO the law
OF 1884, the right to examine into the affairs OF
oil tho city departments as they chose. Mr..
Gruber protested that the Commissioners had
no right to go into the agreement made be-
tween Col. o'Byrne and his clients. the oyster
men, but only into his dealings with the Dock
Department. Nevertheless. he added, Col.
O,Byrne was willing TO tell about his dealings
with the Dock Commissioners and oysternnen
both. but he reserved the right to object to cer-
tan Coz 0Bynes ss swSES SS Th Sn up
follows:
1sweas tho presence Of the SlmiGny and Al u see.
s%.rsd truly hope to in the presence Of
God on the last day.
Before lbe went on with his testimony l C9l;
that he was eyadinR a subbpna.
Am not" he asked. here upon the first
day on which was asked to Gomez"
nee4, yss," said Mr.; CLARK; =. ,.u..
Tue oyster Dealers Association came to see me irat
ar's ds;iS e GS was
.moT there o record OF these msenTs
wiz na !9s psy S they
They would only pay me when the service was rem.
Was Mr. Boyle one Gt the fSmmi..es; A.ne wna
doSn 70 tSe Dock Department together several simeS
a S9 be
@
onS Be a e: boea S S'
,vercd in The Consolidation act that the Dock De-
asa sS
not Apply ,G ne wharvo' where the oy't'rmen had
To Mr.. Clarks questions Col. o'Byrne an
sswered thai m he had had AL fopr & interviews With
aroused ] Mr.. y. Post. Who was Sitting near Mr.
But You saw Commissioner Matthews
Col. OByrne said he had seen Commissioner
Matthews 9 couple OF times, but he preferred
missioner Matthews was grum.
" That's the whole renson, Mr.. Post" said
Coz GByrne Sg 1o IN edn Seneila0ry t9he 3he that
Commissioner Matthews was grum." Col.
O'Byrne won't on:
Dock department the power did not have to set aside
scud ff rs.n Rs and hsy said Sey n would @ ~s
sSt fs;q aSs PsSs', S
Ss mot s ts &. he DSs p
SSr asVh % sSa H. Ps$ P$
Of The ss s IL as ss'S on e.. a
them tSSt il the fee " WAS made eqSdSG.nt i must
hey y'y :Syrrd TGd an " .s sd SpSn
was % 20 ss az ss
% Si e ~ Sis 4. $ StG
dH'
sonors would could remove them nfterward except
passed % fer@ IN WhsS 1t sssads on f the
After fer %.d yss
Mr. PostHi only saw you down there twice
Col. oByrne said that Cemmissioner Post
to say that the Dock Commissioners did not |
appear anxious to pass the resolution; They
the he property @ t owners would have to be OBJ:
the consents filed in the Dock Dspartment.
Of July came and there was no meeting, and |
the Commissioners objected to passing the |
Wr. CLARK y wanted to know Why there was OBJ.
TO ana & ~ BIne Saed az
he great Value OF tho resolution to the oyster. r.
men, and added that 1t took the pier out Of the
leasing and letting;
letting ting price TO suit itsel p
c bns bu aff % 5
that. under the resolution. the, pier did not
have to be sold At auction = and nd "a the Dock Com
They had the power" said Col OByrne at
And they have the power" said Commits
Col oByrne-After all had been accomplished drew
Gs pssod apS od the dse
lad what had agreed to- but that they
Ieed not pay unless they were aatisned They paid
NJ. s...,-'
q GaughinRl DO you consider the fee proportioDate
o The value of the services rendered Aldo with
iignityl and have received larger fees
Col, o Byrpe reGounted two cases for one Of
which he said he had received O fee OF $4,000
Ind for tho other fee OF $4,000. In the first
'ase he had obtained an award OF $4,000 for
he loss oil human life.
2-Do you remember when the oysIermsn's rsSolu.
ion was passed by the Dock Department. A-lnJuly
ONE time |
Q.-juiy II. wasn'tits A-About then.
2:.AIna md when was % the nrSt payment made your A.
Q,-N5s it not the next dAyf Alt may have been
Q.-ThiS nrBt AymenL July II was 90 ISA2L Was 1t
aid ~ money or checkf Ain money.
.a-Why' h.-oh don't know, Once, remember
said IN the committee. II expect you TO pay me the
money" il NAV have been because of this casual use
the snechc term money" that they brought 1t IN
hat form. |
Odd you object to receiving 1t by cheek. A.-Ho
Q-This second payment, July q. Of Sl,57LSL-wAs
hat paid you in Honey at your request! A.-To my
est judgment an recollection. no. ,...
U.Woud yol swear 1t was not done at your request
NO wonlh not swear want 70 state though
hal would Just "a soon have hAd II In check q in
loDey
Col. OByrne made the same statements
bout the other payments, which were $484.40
n July ~ and S4,753. .O6 on July "a. " ~
Mr. Clark-Eow. then to get down TO the pertinent |
Dint. DID you deposit this hrst payment 10 bank |