New-York tribune., 1901-08-28
PHILBIN JABS CROKER.
HE SAYS THAT MARKS'S PROFITS ON
FIRE SUPPLIES SUGGEST WHY THE
ATMOSPHERE OF ROYALTY
is so CONGENIAL.

In the arguments to dismiss the indictments
against Fire Commissioner Scannen and William
L. Marks. contractor for Fire Department supplies.
which continued before Justice Gndersleeve
in the Criminal Branch of the Supreme Court yes
terday District Attorney Philbin said:
In his humble capacity of private citizen Marks
has made $4,000 year. We can imagine what
With i' greater s political power He could acquire
millions many that il would be mere e Sonssnial Fa
ence to the democratic air Of this country
This was undoubtedly a thrust at the Squire of
Vantage. Richard Croker. II created considerable
amusement among the spectators in court.
Immediately after the arguments on the motion
to dismiss the indictments the arguments on the
demurrer to the indictments which had been inter
posed by counsel for Scannell and Marks were
begun.
District Attorney PhiIbin. Assistant District At
torney lie Barber. Deputy Assistant District At
torney Arthur c. Train and Samuel H. Ordway
appeared for the people; De Lancey Nicoh and
John d. Lindsay appeared for Scannell, and sam
uel j. Goldsmith for Marks. Neither of the de-
PENDANTS was in court when Mr. NicoH began the
final argument on the motion to quash the indict-
ments He said the records OF General Sessions
showed that the indictments for neglect OF duty
had been found and filed first, and that, therefore,
the Indictment on the felony charge of conspiracy
superseded them. The neglect of duty indictments
should be killed. The next point raised was on the
grand jury's According to the defence TWEEN
ty-two grand jurors voted to find the indictments
while only eighteen were present during the deHo-
erations OF the grand jury. This was an trreg-
ularity Mr. NicoIl said. and must nullify the in
dictments Mr. Ordway argued that as the legal
number Of grand jurors voted frd true bills the
indictments were legal
ORDWAY'S PRESENCE IN JURY ROOM
Mr. NicolI then took up the subject Of Mr. Ord
ways presence in the grand jury room during the
investigation. and declared that under the pro-
visions of the code his presence had been Illegal
This in itself sufficient ground TO compel the
auashing OF the indictments. He referred 10 the
affdavits of District Attorney Philbn that Mr..
Ordway had been present as a representative OF
the District Attorneys office and said that unless
Mr. Ordway had been regularly appointed as an
assistant district attorney he had had no right 70
be In the grand jury room
The danger of going behind the statute" Mr.
the contention Of the District Attorney you viii
establish a new form of practice at variance with
3f G course u in quiet and peaceful times IKE these
when a district attorney would put the power OF
the county into the hands OF counsel specially
might then see Indictments found for the purpose Of
The remainder of Mr. Nicolrs argument consisted
OF an attack on the way the evidence was pre-
denc 10 S Ts9d 5s sFy eSS ana 10 & eT
and biassed 1t that II had been in condition
GndersIeeve promised 10 read the minutes Of the
grand jury and decide the record. and merely
cansi % % n tng % S,Srd e. q, h S Ii
that decision will be announced within two weeks
MR.. PHILBIN's ARGUMENT.
AS Mr. Nicon seated District Attor-
ney Philbin addressed the court. In ordinary
cases he said. "a defendant Is entitled the
benefit Of every doubt. yet when public official is
charged with crime II is doubtful II he Is entitled
10 such benefit Referring 10 Marks. Mr.. PhflbIn
said he was quasi official and that rules which
applied 10 Commissioner Scanneu should also apply
him.
1t Is extremely important" continued Mr. Phil
bin. that this case be brought to trial The de-
rendants nave engaged the most brilliant pleader in
the county OF New-York. and the most able Dis
trict Attorney New-York ever had. TO evade in
vestigatlon OF their conduct You have heard their
eloquent pleas. Now, while IL is impossible. of
course. for the court 70 take cognizance OF any
thing not N the evidence, I may say that if your
honor dismiss these indictments and these de-
PENDANTS not rebuked by conviction in this
will mean the loss of thousands of dollars TO the
city Here Mr. Philbin made his reference TO
the absent ruler Of New-York
You will. of course. do your duty. Mr.. Philbin
continued. but l would like TO say that il will be
practically impossible for the District Attorney
resubmi this case 10 another grand jury. We found
IL difficult to persuade the witnesses testify, and
proceeding before the grand jury"
In the demurrers il asserted that the
spiracy indictment was bad because il charged. in
violation OF certain sections or the code sep
arate conspiracies and that the indictments charg
ing Mr.. Scannen with neglect OF duty faulty
in that they set forth offence.
Mr.. Ordway replied briefly to the arguments for
the demurrers and the case closed Volumi-
briefs were submitted by both sides