The daily morning journal and courier., 1897-09-16
MIR. GEARY DID NOT TESTIFY
AT THE MEETING OF THE BRIDGE F INVESTIGATING COMMITTEE.

Night-Acted Under Advice of Counsel
 Statement Submitted by His Legal Ad-
 visors-Win Sue the City for Pay for
 Extra Work. -..r
 The joint committee appointed from the court of common council and the board of selectmen to investigate the delay in building the sub-structure of the Grand avenue bridge met last eve ming in the aldermanic chamber, but made no headway towards securing ev- idence in the matter beyond what has already been obtained.
 As soon as the committee was called to order Attorney Harry w. Asher of Hotchkiss & Asher, counsel for Con- tractor James J. Geary, submitted a statement in behalf of his client, advis- ing the committee of the stand taken by Mir. Geary in the matter under con- sideraton. The statement is printed in full below.
 The communication stated that MT. Geary, on advice of his counsel, would not submit to oss-examination by counsel for the town or city.
 After the communication had been read Corporation Counsel Ely said: The only process I can suggest is to go on with the investigation" Councilman Isbell, member of the committee for the city, moved that the committee go into executive session for a few moments to determine what should be done. He said that he thought that the committee should either hear counsel or go into executive session. He preferred the latter course
 The committee voted to adopt his mo- tion and retired to the anteroom for consultation without counsel The committee returned after being out about five minutes and Chairman Chil- lingworth said: For the benefit of the counsel I will state that the unanimous vote of the committee was that we pro- | ceed with the hearing and that the counsel take charge of the questioning of the witnesses. The committee decid- ed that when questions came up of a | nature that possibly might be consider | SN oiiAhii lo NIL 1Cdly we Woulu de- eide the points at the time when they occur and not in advance of the hear ing. So If MT. Geary's counsel should | make points on objections they would | be decided by the committee at the time when they were advanced" l Attorney Asher-'I am much obliged | for the apparent fairness of the com mittee, and of this we have no doubt | Our letter expresses fully our opinion | of the investigation. We could not 1 subtract from it or add to it. In view of that fact we feel that it is against our interests and desire and wishes to proceed with this investigation, and we | feel compelled to withdraw" l Chairman Chillingworth asked Cor poration Counsel Ely if Mir Geary had right to withdraw after having been subpoenaed.
 | Mr. Ely-"Mr. Geary. you have been subpoenaed and I desire to ask you some questions"
 | MT. Asher-"I advise MT. Geary not to answer"
 MT. Ely-"Mr. Geary, is this your de- sire?"
 MT. Geary-"Yes, sir; my counsel can | duSWSil lOI Ille.
 MT. Ely-"Mr Asher. does MT. Geary refuse to answer and to give light on the matters to be investigated" ?" | MT. Asher-"No, sir, he does not"
 MT. Ely-"Then let MT. Geary take the stand"
 MT. Asher-"Mr. Geary will answer concerning all facts in his knowledge, but he will not submit to cross-examin- ation by counsel"
 MT. Ely-"I would ask Mr Geary to take the stand to answer questions be- fore this committee
 MT. Asher-'In view of the lines laid down In the letter, I advise Mir Geary not to answer any questions. I answer for him, that he will not answer uues- tions''
 MT. Ely then attempted to ask MT. | Geary question, but Mr. Asher ad- vised MT. Geary to withdraw. and he started to accompany him from the room. As they were going out Mr. Ely said: MT. Asher, we have the right to compel MT. Geary to attend here and We may be compelled to enforce that right
 MT. Asher-"You may enlist all the power you think you have. and when that time comes we will be prepared to meet it."
 With this MT. Asher and MT. Geary left the room, and Chairman Chilling worth held a whispered consultation with the members of the committee and with Town Counsel Goodhart and Corporation Counsel Ely. He then asked MT. Ely what he advised to do. MT. Ely replied that if the committee proposed to compel MT. Geary to attend l they could do so.
 Councilman Isbell moved that the committee consider the matter in exec utive session with counsel present This motion was carried, and the committee retired again to the anteroom In a few minutes it returned, and on motion of MT. Isbell it was voted to adjourn subject to the call of the chairman. The statement submitted by MT. Gea- I ry S counsel was as follows:
 Felix Chillingworth. Chairman of Commit. tee Appointed By City and Town de | .. Grand Avenue Bridge:
 Dear Sir and Gentlemen of the Court of | Common Council:
 We deem it proper to advise you of the ] position taken by Mir. Geary ln regard to I the matter under consideration | In the first place Mir Geary is not an l otncer or the city or town, but is one of | the parties to the contract, and while the court Of common council and possibly the