New-York tribune., 1901-11-01
THE LIME LIGHT ON IINGER
STATEMENT FROM CITY CLUB SHOWS
HIS RELATION TO THIRD-AVE. RAIL
ROAD INVESTIGATION.

ROAD INVESTIGATION.
The City Club issued a statement yesterday
about the "wrecking OF the Thrd-ave. rail-
road" which reviews of the acts of Henry
". Unger, the Tammany Hall candidate for
District Attorney. when he was Assistant Dis
trict Attorney under Mr.. Gardiner. The state
ment indicates that Mr. Unger was one of those
in whom the March grand jury of 19O, or
which George Haven Putnam was foreman, did
not place confidence. This was the grand jury
that tried to learn who responsible for the
financial disaster which overlook the Third-ave
railroad.
The statement says that the original estimate
for changing the power of certain lines OF the
Third Avenue Railroad was S12.oOo.ooo. but by
March 1901 not less than S320OOooO had been
expended. and large parts of the work still nao
to be completed The company preferred a Ger
tain contractor who could have finished the
work within a reasonable cost. Tammany off,
cials gave it to understand that unless con-
tractor named by them was employed difflcul-
ties would be thrown in the way. Having suf-
fered an unpleas SAINT and costly experience wnen
the cable conduiss first laid by not ap-
pointing a Tammany Hall contractor. Il received
a strong hint that it knew what to expect II IL
acted contrary to the demands OF TamrnahS
Hail. and it awarded the contract TO Naughtoh
& Co. of which firm Daniel F. Mcmahon, chair
man of the executive committee of Tammany
Hail. was the principal partner Continuing.
the statement says:
o se sT sguel p,ddes Se With and
OF 'rammany district leaders. who did niue OF no
cures. AS one division superintendent said at the
time: 1T was delay. delay delay all around at u
the gong longer Men S Msre emgl0ysS tSaus f2s
nothing was expected Of them 1t was a great
political game, and the Third Avenue Railroad
Of worthless material n,nsnS gas
at exorbitant prices Condemned cement that was as
the company at 81 10 a barrel; and other goods
as inferior steel and useless oil FOR wnon re
dumped pitilessly on the company ,-o
ment stealing and biackmailing. not only were
the principal Stockholders heavy losers. out fI .nH
stockholders were swept away
The statement then refers to the Metropoli-
tan Street Railway Company buying cen
trolling interest in the road and the stock go
ing from 30 thereabout TO par 1t goes on
to say that District Attorney Gardiner took no
voluntary action in the investigation OF the
wrecking of the Third Avenue company, and
that the March grand jury OF 1870, which Wig
orously took up the subject was confronted by
peculiar obstacles 1t could not break through
one of the most important witnesses could not
he found and the District Attorneys office
took no steps TO produce on its own account
any witness
A LAWYERS AFFIDAVIT
Tho statement contains an affidavit signed by
Sutherland R. Haxtun and sworn to by him on
October % 1901 before Henry W. kiralfy,
notary publfc of New-York County. His afh-
vit hints 1t says at what taking place
In the District Attorneys Office when the srano
Jury was trying to get at the facts IN the wreck
Ing of the Third Avenue Railroad Mr. Hax-
tun is a lawyer He says in his aff1daVit that
he went to the District Attorneys office in
Anr;1 or Nav 100 to see Henry w Unger IN
regard to the disposition of a certain case. H.
was told by a man sitting at the door that Mr.
ITnger could hardly see him that morning, as ne
was engaged in his private room with Judge
Mcmahon" He asked the attendant If he
meant Judge Martin Mcmahon" The attend
ant answered that he was speaking OF eX-
Judge McMahon.' Daniel F. McMahon' COM
monty called Judge Mcmahon. was then an
ex-police Justice The affidavit then reads:
few minutes later Mr. Unger left his room G vsI, win
believes was ex-Judge McA1ahon. and after stopping
saaT to 9eaa nasSad Wh nta as9eh the half Later in
ponen read in the afternoon papers dctrns ,hat ene
against the firm of Naughton & Co railroad con-
Cnmnanv then In the hands a receiver. and OF
which firm the said newspapers alleged The said
. NJ
mariner Of the said firm of Naughton & Co
GRAND JURY'S PRESENTMENT.
The statement gives the substance of the pre-
sentiment handed down by the March grand
iury of 1900, and refers to an explanation re-
carding the presentment made later by Mr. Put
nam To the City Club. Mr.. Putnam SAID the
grand Jury became convinced that information
was given through the District Attorneys
office 70 persons who were implicated in the In
vestisation 1t obliged. therefore. TO take
the ground that the presence OF the District At
+ornev or his assistants should not be permit
ted in the grand jury room. In his remarks
TO the City Club. Mr.. Putnam further said:
am informed that this the hrst occasion
IN rhe history of the county on which the eraandi
i,iry had found IL necessary to exclude ITS so-caeu
!.IsssI advisers II has been my experience IN q
service of more than quarter o. centui aon oL.
Grand iuries that the District Attorneys oLice
Sad esta abltshed series OF precedents which wS.e
m many grounds undesirable. as TO tne risn' ~
efde and practically to control the actlons u ".
Grand Jury in regard the business 10 De 49,
IN the witnesses be examined ana ,he ae'ioi
to be taken -. 81. Dys,ric,
Attornev's Office when this office represented as
Continued second page.