New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-11-21
PRICE THREE CENTS.
COLONEL O'BYRNE'S BIG FEE
HOW MUCH WAS FOR ADVICE AND HOW
MUCH FOR "GREASE?'
EXPOSED BY THE ANGRY oYsrERMEN WHO DID
NOT GET WHAT THEY PAID FOR.

NOT GET WHAT THEY PAID FOk
Yesterdays sessions of the Dock Department
investigation were devoted by Corporation Counsel
Clark TO corroboratng, confirming and adding TO
Oysterman Tim" Shea's testimony Of Tuesday
that the Oyster Dealers Association had raised and
paid the sum OF $4,000 with the expectation OF
being made secure in their possession Of the bulk
head the north side of Pier 81, North River.
the strip Of waterfront where their oyster scows
are moored, between Tenth and Eleventh sts The
1900, it is now shown, was paid TO Colonel
John O'Byrne as counsel fees Further than
into the hands of this we-lnown Democratic
orator Mr.. Clark has not yet been able to trace
the money, but it is intimated that to-days testi-
mony will shed some light upon this subject
James w. Boyle, who was one OF the witnesses
yesterday, said that he had received the 81 900
which Jacob l. Housman had declared it cost to
have the rental reduced in 1887 from SIS, 500 to
$4,000 a year. Mr.. Boyle asserted that he had
gone to the Dock Department several times and
had tall1ed with Commissioner Matthews urging
a reduction. He submitted TO Mr.. Matthews facts
and figures of such convincing nature that when
the auetoneer began the sale he announced, some
what TO Mr.. Boye's surprise that the Commits
sioners had reduced the upset price from $4,000
to $500. The Oystermens Committee. Messrs.
Hill, Housman and Van Name, were to be on hand
around for them he discovered that they had not
showed up Mr.. Boyle was again somewhat
surprised, but he retained his presence Of mind.
and after the auctioneer had expatiated long and
loudly on the excellence Of the strip and had
announced for the last time he could not dwell
here" Mr. Boyle stepped bravely up and said that
he would take the lease himself at the upset
price Very soon thereafter Mr.. Housman and the
other committeeman hove in sight, They ex-
planned that by reason of a train Of unfortuitous
circumstances they had gone TO the wrong place
What are you going to do about it ?' asked
the excited Housman of Mr.. Boyle
Turn the lease over to you of course mag
unanimously replied Mr.. Boyle.
Mr. Housman Mr.. Shea has testified went back
to his principals and explained that their slick
committee had obtained reduction Of $4,000 on
the thrce-years lease, but that the reduction had
cost 81 900 at the Dock Department.. Mr.. Boyle
wound up his explanation yesterday by saying:
A few days after Mr.. Housman gave me
81 900"
Cash or check p" asked Mr.. Clark.
"Cash,' answered Mr.. Boyle.
William Foster treasurer of the $4,000 fund,
a member of the committee on legislation was
the first witness yesterday. He Of the
advocates of having bill passed 10 secure the
oystermen in their rights, and said there was con-
siderable A" talk about it before any meetings
were held. The $4,000 was raised by pro
rata assessment Of the oysterdeaers and the
witness gave the names of the CONTRIBUTORS All
the money which was handed 20 him plr
Foster refused to admit that he had collected
| any he had turned over 10 Hazel f. Merrill, an
| other oyster-dealer When the association met
the president, George H. Shaffer, had made a state
ment about the purpose in view and said that 10
would +" cost s13 900 to get the bill they wanted
| passed through the legislature Mr.. Foster sup
| posed that the money paid over TO Colonel
| O'Byrne He was severe upon Mr.. Shea for re-
fusing to pay his pro-rata share, and characterized
some of Mr. Shea's evidence as false, but after
being questioned by Mr.. Clark admitted that 10
was substantially true. The witness promised 70
allow an expert of the Commissioners of Accounts
TO examine his books.
Hazel F. Merrill, the member of the oyster
Dealers Association TO whom Mr.. Foster turned
over the money, testified that he had received 1t
and had paid it over to Colonel OByrne IN three
insta lments The witness said that President
George H. Shafer, James W. Boyle, Jacob l.
Housman and Alexander Frazier were present at
| Colonel OByrne's office when the money was
paid
The most interesting part of Mr. Merrills
testimony was that relating to Colonel O'Byrnes
disnclination TO receive the money by check. MIR.
| Merrill tried hard 10 wriggle out but Mr.. Clark
! held him up to his work, and the witness was
| obliged to say that the Colonel strenuOusly OBJ
| ected TO anything except greenbackS The money
was not paid until positive assurance was
| given that the Dock Commissioners would supply
the deficiency in the legislative act BY resolution
to cover the defects The money was paid July
10. The Dock Board passed the resolution On
July IL.
! Alexander Frazier, another committeeman on
legislation" substantiated the principal parts
! of the former witnesss testimony. lie said th2t
james w. Boyle suggested Colonel . Byrpe as
Just the man To do the trick his was at one
of the meetings Of the Oyster Dealers Assocla-
| ton.
George H. Shafrer, the president of the assoca-
| tion tried to be foxy" witness, but Mr.. Clark
succeeded in making him tell story similar TO
the Others All theswitnesses admitted that there
was much disappointment among tie oystermen
| in not getting what they had paid iOr.' Neither
WAS there any disa greemcnt on the point that the
money was not pald over to Colonel y Byrne uhul
the solemn assurance had been gwen that the Dock
Loard would pass the supplemental resolution
James w. Boyle, one of the largest wholesale
oyster-dealers on the North River, shining light
| of the County Democracy organic lzation, was the
| last witness lie said that he had taken an active
part in securing the paSSa ge OF Chapter 52l, Laws
of 1889" Colonel o OByrne, he said, drafted the
bi he bellcN ed and handed 1t to the witness, who
gave it to State Senator Murphy, either here or IN
| Albany Mr.. Boyle couldn't remember which.
Colonel Murphy introduced it in the Senate, but
| MIR. Boyle could not remember VINO IL
| in the House. Mr. Boyle said that he went TO
Albany two or three times, and advocated IL be.
fore one of the legislative committees. Colonel
| y Byrne so tar the witness knew never had
gone to Albany about the bill. MIR. Clark sought
TO make Mr.. Boyle say that O'Byrne had practl-
cally done nothing to earn his big fee of 81 600
that the real woIA at Albany was done by Mr..
Boyle himself Mr. Boyle said that he had con-
suited with Mr. Beellman, then Corporation Coun-
sell about the bill, and II was Mr. Beellman who
injected the amendment recommended by Engineer
Greene and the Dock Department, leaving the case
in the hands of the Dock Board. Then the BIZ
went through without objection, and was signed
by the Governor. Mr.. Boye's "prorata share
of the 81 ), 900 was about $500
Mr. Boyle said he present when tne s,.nsay mvny