The times., 1899-04-23

and section 69 defines the refusal
of a witness TO answer proper questions as
a misdemeanor. Mr.. Clarke also read sec
tion 10, which prescribes as the penalty
for misdemeanor imprisonment for one
year in jail or in the penitentiary, or
fine of $780, one or both.
Then in most emphatic words Mr.. Clarke
proceeded to give fair warning to contu-
macious witnesses.
Mr.. ClaTke's remarks created a profound
sensation. DR.. o'Sullivan jumped up and
said 1t was intimidation" and Mr.. Clarke
emphatically objected to the use OF such
terms. DR.. o'Sullivan was ordered by
Chairman Mazet TO sit down.
Mr.. Moss called as his first witness .'Mr.
Clarke" but there was no response. Lu-
cien Bonheur took the witness stand. He
testified that Mr.. Untermyer had asked
him to organize the inside office" of the
Maryland Whisky Company. He under
took TO do it. Statesmen were engaged,
among them Philip Strauss. Samuel Miers,
the Broadway tailor; man named
Needles, and the witness thought, but was
not sure, Assemblyman Sullivan.
Mr.. Bonheur said he left the concern be-
cause he didn't want 10 be dummy
Also, he didn't like the kind OF statesmen
engaged, and feared he would hurt his
good name. Being pressed. the witness
said that effort was made TO sell the whis
ky in all kinds of places.
niers and Maryland whisky.
Samuel Miers was called. Did you take
orders for the Maryland Whisky Com
pany?" was Mr. Moss first question, and
it developed at once that Miers had learned
the Croker lesson.
That's my private affair, and l won't
answer" he said.
Mr.. Moss asked him If he had solicited
orders for the whisky in saloons, concert
halls, and other places in the Tenderlon,
and Miers refused 10 answer. He denied
that he had talked about it with Police
Commissioner Sexton. He admitted that
he was an associate OF Chief of Police
Deyery and Police Commissioner Hess. He
would not answer when asked If IL was a
member of the police force who engaged
him 10 canvass for the whisky THE
committee directs you TO answer" said
Chairman Mazet. "All the committees in
the world can't make me answer said
Miers.
is it because it would degrade you that
you refuse TO answer" asked Mr. Moss.
II won't answer" said Miers. The wit
ness also refused to say whether a member
OF the city government had engaged him
or whether he had divided commissions
with a member OF the police force
Now. Mr.. Chairman" said Mr. Moss, af-
ter failing TO get any response from Miers
TO any one of many questions, II will ask
you to direct counsel TO proceed against
this witness under the law. We ask that
you direct the stenographer to furnish
counsel with the record of this witness
refusal to answer questions"
Chairman Mazet instructed Mr.. Moss and
Mr.. Clarke 10 proceed against Mlers, and
the recalcitrant tailor will be the first OF
several willfully obstinate witnesses to be
brought before the bar for punishment.
The stenographer will furnish the record
to Mr.. Moss at once and the case will
probably be laid before the District Attor-
ney next Monday. Miers' stolid expression
did not change when. he heard Chairman
Mazet direct that his case be laid before
the grand jury. and he left the stand with
out showing any sign of surrender.
Architect Hnight's Experience.
Mr.. Moss called for Frank Sexton. broth
er of the Police Commissioner, but Sexton
was not present. and Charles G. Haight
took the stand. Mr. Haight is an archi-
tect. He testified that some years ago Mr..
Young, representing the firm of Samuel
Mcmillan a. Co, called upon him and pre-
sented letter of Introduction signed by
William j. Fryer. Mr.. Young wanted an
opportunity TO do some estimating In Mr..
Haight's office. Mr.. Haight did not recall
Mr.. Fryer al the time and said so. His
visitor took offence and departed Soon