New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-07-23
Ey-JrDGE COUyTRYnAN'S STATEMENT.
WHY HE DECLINED TO PROCEED WITH CANAL
PROSECUTIONS.


PROSECUTIONS.
Albany. July 22-Ex-Judge Countryman talked
last night relative to his decllnation to serve as
the prosecuting attorney for the State in connec-
ton with the testimony adduced BY the canal IN
vestigation Commission.
When asked whether It because OF his dis
trust in the conclusions arrived at by him In his
report or because he had reason to believe that
Governor Roosevelt and the Attorney Generals
Office would not accord him sincere support In such
prosecutions that he declined the proffer. he sad
Well, to go back to the start. After my report
Black sent for me and stated that he wished me
TO take charge Of the prosecution behalf of the
fun control. | adverted to the fact that a new adj
ministration would come into power shortly, and
that | could not consent to act until | knew who
would be associated with me- and Furthermore. be
assured that | should have free hand. sug-
gested to the Governor that he confer with the
Governor elect the subject and give him an OPP
portunity name any associate counsel that lie
The Governor said he would do So and, was
informed afterward. the Governor elect declined or
omitted to make any suggestion whatever.
In the mean time the Governor had given IN
structions to the Attorney General to take ProPer
cias and December 3D. 1898, sent me written
prosecution and trial of such criminal actions or
proceedings" Subsequently the Attorney General
suggested to consultation between US, touch
ing the proper course TO pursue In the prosecution
of the cases. told him had not accepted the
appOnt ment rendered me Dy the boNernor, anu
also suggested to him that. as he had been a
member Of the Canal Board during all the time
covered by the transactions in question. he would
doubtless be an important witness In any prosecu-
tons that were instituted against these officials.
A couple OF days later the Attorney General desig
mated BENJAMIN J. Shove OF Syracuse. as Deputy
Attorney General to take charge Of the cases.
When asked Were you in any way responsible
for the delay which has caused the statute Of lim-
tations 10 operate to certain OF these cases?'
Mr. Countryman said Certainly not. Governor
Black Immediately after the report was filed and
published on November 80. 1885, instructed the At
torney General to Immediately take charge OF such
proceedings on behalf OF the State and TO Institute
and prosecute to their conclusion such criminal
actions and proceedings as may be warranted by
such report and testimony. and TO attend In per-
son or by one OF his deputies the Supreme Court,
and appear before the proper Grand Jury thereof
for the purpose Of anagng and conducting such
criminal actions proceedings.
''Instead OF doing So the Attorney General finally
appointed Mr. Shove and asked him to re-examine
the Testimony taken by the Commission. and nearly
two months after Governor Blacks Instructions
were issued Governor Roosevelt appointed two adj
ditonal special counsel to re-examlne the case. ana
during the period six or eight months which
eIansed from November 30 until such examina tions
were completed several cases were barred by the
statute OF limitations. ] never accepted the APP
nointment OF Governor Black. and to prevent pos
sIble misa pprehension | notified the new Governor
and Attorney General OF that fact as early as
January T. 1882