New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-06-29
J. J. SCANNELL INDICTED
TRUE BILLS AGAINST THE FIRE CON-
MISSIONER AND MARKS, CHARG-
ING CONSPIRACY TO De
FRAUD THE CITY.
FRAUD THE CITY.

Fire Commissioner John ]. Scanneu and Will
lam L. Marks were indicted yesterday by the
grand jury. which for the last two weeks has
heen investigating the method of purchasing
supplies for the Fire Department. Three in
dictments We're handed up one of which in
cluded both Scannell and Marks. charging them
with conspiracy to defraud the city in the pur-
chase of supplies for the Fire Department The
other two charged Commissioner ScanneH with
neglect of duty and malfeasance in office.
II true indictments against ScanneI are sus-
tanned he will be removed from office and will
be disqualified from holding any office in the
future. Both men would also be subject to i'm
prisonment for not more than one year or to
fine of 81 600 both
Judge Cowing fixed the bail for each at $500.
The two men had been waiting in the office of
their counsel Weeks. Battle & Marshall They
were taken to the colrt where Alderman Mi
cbael Kennedy. of the Ist Assembly District,
gave bail for Commissioner Scannell, and DR..
John F. Erdman of No. 1.730 Broadway, save
bail for Marks. While waiting for the bonds TO
be signed Commissioner Scannen said: There
is nothing in the conduct of my office which
warrants this indictment. An investigation of
the Fire Department in which l will have an
opportunity to face my accusers Will JUSTIFY
my acts"
months ago to collect evidence in connection
with the Fire Department. When he thought
he had the subject we'll in hand he engaged
Samuel H Ordway who counsel for the
Civil Service Commission in the investigation OF
the Police Department promotions, as specld'
counsel 10 assist the grand jury in the ex-
animation of witnesses Mr.. Ordway said yes
terday that the witnesses examined by the
grand Jury included nearly all the manufact-
urers OF fire supplies in the city. Commissioner
Scanner and Mr. Marks had also appeared be-
fore the grand jury of their own volition. ana
had given much data as TO the purchase OF
supplies for the Fire Department.
The ioint Indictment for conspiracy accuses
John 7 Scannen and William L. Marks with con-
spiring 10 defraud the city in the purchase Of
supplies for the Fire Department by agreeing
to favor bidders who paid commissions TO Marks
on goods furnished to the city. The Indictment
recites the duty of the Fire Commissioner TO
purchase supplies in amounts less than Sl,oob
with such prudence good business man
would show in buying for himself, and the fur
ther duty imposed upon him by statute 10 ad-
vertse for bids when the supplies needed ex-
ceed In cost 81 900. and to award the contract
to the lowest bidder unless the Board of Public
Improvements decides otherwise
But, says the Indictment on March 1. 1899.
Scannen. Marks and others entered into an
agreement by which Scannell not TO pur-
chase goods from any who did not employ
Marks, and Scannel was to cause 1t to be gen.
, orally known that any one who employed Marks
and paid him a commission would be favored in
the awarding of contracts for supplies for the
Fire Department.
The indictment has four counts. and specifies
nine offences under each. Five of them are
connection with the purchase of hose. Inferior
hose is said to have been bought and COM
mission of more than % per cent is said 10
have been paid to Marks some of the con-
tracts The B. F. Goodrich Company the Voor-
hees Manufacturing and Rubber Company and
the Akron Rubber Company the concerns
named as having supplied the hose and paid
the commissions to Marks. OF the other Of
fences charged, is the purchase of fifty
landing pads. another the purchase of some
brass expansion rings; another some hose
patches. and the last six fresh water cOnnec-
tons bought from Marks for 81 each, although
the market price was only 81 10 each.
The two indictments against Scannen in
dvdually cover the same ground In each
there are three counts The first charges
| Commissioner Scannell with wilfully omit
ting to perform a duty enjoined by law
upon him as a public officer. The second ac-
cuses him of wilful violation of the provision
of the law covering the purchase of supplies by
contract The third charges wilful fraud upon
the city.
dorsed on the indictments are Lewis Nixon,
| Charles T. Ssbee. the fire engine manu-
facturer: Hugh Bonner, eX-Chef of the
Fire Department.; James CLIFFORD, who
ment by Commissioner ScanneH because of his
activity in behalf of the firemen; A. L. Docharty,
! secretary of the Fire Department. and Thomas
F. Gilroy. jr.