Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-04-23
STUBBORN LExOW WITNESSES LIKE
LIZ TO GO TO JAIL.
THE STATUTE is VERY PLAIN
PROVIDES A YEARS IMPRISONMENT
e., ~ AND A FINE OF $500.
Speedy Example to Be Made of One
Witness and Then q Report VIII
Be Made to the Legisla-
ture-Yesterday's
Testimony.

NEW YORK, April 22.-Beyond the enun-
citation Of stringent line of action against
contumacious witnesses and the prepara-
tion to make speedy example of one in
dividual, to-day's sessions Of the Mazet in
vestigation committee were comparatively
uninteresting and unimportant. Neither
Mr.. Croker nor any of the better known
persons associated with him was examined
and the affairs of the Tammany leader
did not come into prominence. After one
more session on Monday, it Is announced.
the committee will adjourn until May 9,
and in the interval. it is presumed, they
will submit a preliminary report to the
legislature and, possibly, proceed against
several witnesses for contempt.
To-day's proceedings opened with an in
vestigation of the proceedings in this city
of the Maryland Whisky Company. Mr.
Moss had several times intimated that this
brand was being sold through the influ-
ence of city officials. Samuel Meters, a
Broadway tailor, who, Mr.. Moss seemed
to think, had furthered the sale of the
Maryland whisky, refused point blank to
answer a number of questions and Chair
man Mazet directed that counsel should
bring Meiers before the court for con-
tempt as soon as possible. The other wit
nesses called confined their testimony al
and the various systems of fireproofing.
To-day's proceedings opened in some
what sensational manner. Proctor Clarke
assistant counsel to the committee. ad-
dressing Mr.. MaZet, said he desired TO call
the attention of the committee and OF wit
nesses to the penal code sections which
provide for years imprisonment or hne
of $500, or both, for refusal to. attend or TO
answer questions propounded by COM
mittee of the legislature.
You will observe" said Mr.. Clarke. "for
contumacious refusal to answer proper and
material questions, witness commits a
misdemeanor. 1t is the purpose of the
counsel of this committee, with the ap-
proval of the committee, at the proper
time, to be determined by the judgment OF
the counsel to the committee, to present
such contumacious witnesses who have re-
fused to answer such proper questions as
the committee shall determine, TO the con-
for presentment, indictment and punish
ment, not for moment doubling that the
| constitutional officer, Of this county. the the
proper observance of the laws of the state" !"
Mr.. Clarke went on to state tnat, II it
were impossible for the grand jury ,s OF 81 ,n,s ms
of contempt. the counsel for committee
would request the governor to appoint
judge to hold an 1 o fr
dinary grand Jury before which the mat
ters could be brought according to the ex-
isting laws governing suGn cases eS. c,.,. do
partments, referred to Mr.. ,Clarke's an
nouncement as intimidation"
Mr.. Clarke protested against the use OF
that word and Mr.. Mazet ruled that DR..
O'Sullivan had no right to use 1t. The
Tammany counsel. however, continued. anu
said: Il contend that this committee Is not
the judge as to questions, as 70 their mater-
iality or propriety, and also that you are
not the judges as to whether Witness 10
Mr. Fryer, a member of the public build
Ing the rebuilding of the. Third Avenue
theater. in which undertaking he was the
architect He testified that he had re-
ceived $3.50 from Peter Brennan for advice ce
Cortlandt and Church streets. The plan
had been rejected by the superintendent
of buildings before Mr.. Fryer was called IN
Fryer was a member, had also rejected the
plan. After Mr. Fryer had given his ad-
vice, the board approved the plan. MT.
Fryer did not vote when me pans came came
to reject them at the first hearing. He
had given no reason to his associates on
the board for not voting, and had not told
nan. He did not think that It was neces-
sary to tell them. He had not voted in tine
second instance because he was interested
in the matter: Mr.. Fryer said he though,
the building department was well equipped
in engineering ability.
Mr.. Fryer said he saw no objection to
a member of a board passing upon the
then be consulted and paid for his services
in connection with putting the plans in
execution and then passing upon the work
or being a. member Of a board that passed
upon it. Mr.. Fryer said the present sys-
tenn was the best that could be obtained
and that the building department itself was
not apt to make serious mistakes.