New-York tribune., 1901-08-27
MARKS'S COMMISSIONS.
EVIDENCE ON WHICH THE GRAND JURY
INDICTED HIM AND SCANNELL.

dealers and manufacturers told the grand jury
they could not sell goods to the Sire Department
until after they had agreed TO employ Marks as
their agent and pay him a commission OF 20 cents
a foot on hose that was sold to the department
for 81 a foot. The Standard fire engine was soid
TO the city for $500 before Marks made deal
with the nanufac acturing company. After they en-
ployed him It the city 5000 for each machlne
and Marks received $780," said Samuel H. Ordway
before Justice Gildersleeve. in Part OF the Crl-
nal Term of the Supreme Court yesterday, IN max
ing the argument for the District Attorneys ofhce
in the cases of Fire Commissioner John j. ScanneH
and William L. Marks, who were indicted on June
q for conspiracy to neglect and violate the ohclal
duties of Fire Commissioner There were also TWO
separate indictments against Scannel' charging
him with wifu neglect of duty in the award OF
TWO contracts The substance of the charges is
that ScanneH accepted BIDS that were not the
lowest made in order that Marks might get COM
mission from the dealers
The b. f. Goodrich Company employed Marks
as their agent for White Anchor hose then IaVor-
lie with the Fire Department. continued MI Ord-
way. 1T them So cents a foot to MAKE alo
they sold 1t for 81. giving Marks IA cents a ioot
commission. Marks objected to such small pay anu
suggested that they manufacture cheaper nose
charging the for it. and giving him % cents
n foot commission. He proposed the name " mite
Star for the new hose. The company asreeo 10
make the hose those terms.
The next advertisement for hose issued by the
Fire Department called for five thousand feet of
White Star hose and the contract for 1t was
awarded to the Goodrich company at 81 foot De-
fore any such hose had been manufactured OF
tested
John d. Lindsay Of NicolI. Anabe Lindsay,
represented Scauneu. Samuel J. Goldsmith. or
Myers, Goldsmith & Bronner, was couhseI TOT
Marks. Neither Scanrell nor Marks was in court
Mr. Lindsay contended that the indictment was
not legally found He said that Illegal evidence had
been presented to the grand jury, that only e'sh-
teen Jurors had been present when the vote on the
indictment had been taken and that the la" had
been violated when Mr.. Ordway had been permitted
TO he presert and advise the grand jury.
Nj Ord,vay said it had been conclusv"lY proved
that so long as Marks could get n commission o.
* cents a foot on hose the company paying him
could sell hose TO the Fire Department. that oeoi-
ers who would not pay him. with one exception
could DO no business with the d'pai 'hieh'' thd'
Commissioner Scannen had made public announce
r,ert that he would do business only through
agents and that he had said that Marks was all
right"
In anticipation Of a contract obtained by the
Eureka Hose Company. according 10 President
Narkev through George Scannen. the Commis-
sioner's brother President Markey said he gave
1920 in cash to the Seneca Club. The money was
paid the secretary Of the club, he said In George
Mr. Griway decared that the city had been dc
tragded OF larse sum In many 5 hs'ahGTs' h MRS.
hed made from 81 10 800 per cent profit on goods
In ali he had sold $1,000 feet Of fire hose to the city
in one year collecting at Least - % eeLtS a Are Are
engines aud other supplies, Mr.. Ordway said: II
was evident that Marks's friendship with the FIRE
Commissioner had tied him at least 5000 year
at the city's eXpsnse- Tie quoted AZ length ne
store values Of .he goods provided and the pricea
paid by the city where Marks was the middleman
in tho transa tiOn He said they presented ample
proos Of conspiracy between Marks and Commits
siorer Scannell.
AmOnE the instances ~ improper evidence given
10 the Grand Jury mentioned nv Mr. ordwny was
that ~ d witness who had said that Senator Grady
received ~ per Of the income OF the NJ
Powers Company. composed OF Marks and a man
named Castle.
Justice Gnderseeve adjourned the case until
to-day. He told De Laucey Nicoll that he could
have half an hour this morning 10 reply 20 Mr..
Ordway. The defence IN addition - tho motion 20
quash the indictment has entered a demurrer. and
arguments on tho demurrer Will he heard az soon
as Mr. Nicoll finishes to-day.