The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-14

whether to grant Leader Murphy's
request for an open hearing, and July %
as the day on which he will give decision
| In the application OF James Il. Gafney
and John j. Murphy for dismissal OF the
charges OF misdemeanor against them:
Assistant District Attorney Clarke said
| yesterday that he will make every effort
| to have Justice Mayer return from his
| vacation before the 10th of the month, in
| order to render a decision in the Gaffney-
Murphy case, as the time provided by the
statute OF limitation for the crime OF mis-
demeanor is up then The fact that arrests
were made in the case and preliminary
hearing held prior to the 10th, would proba-
bly, make any proceedings after that date
| legal said Mr.. Clarke, but it might also
give Gaffney and Murphy chance to stay
all proceedings against them pending
an appeal on this point to the Appellate
| Division In all probability Justice Mayer
will return before the 10th. Leader Murphy,
in his statement sharply criticised the
methods of Mr. Jerome in his Dock Board
investigation. The District Attorney said
| yesterday:
Responsible persons made charges against
| both the former Dock Commissioners and
| three Of the present Aaueduct Commission
| ers. II the charges are true they may involve
| or nality. 1t was my duty TO determine
whether crime had been committed As 10
| before the Grand Jury or upon an informa-
ton before "A Magistrate.
1t was not possible to proceed before tho
| regular Grand Jury OF this county, because
| the volume of routine work is so great that
it has not time for anything else. Moreover.
such investigation which involves the ex-
| animation OF numerous witnesses Mt any
| time they can be served with subppnas
and which of necessity extends over a longer
| period than single term of court. cannot
| be carried on satisfactorily before Grand
| Jury
1t being lawful to proceed in either of these
two ways. l chose the way most likely in my
| opinion to get at the full truth OF the matter
| ence as to. the names Of the defendants
| In these informations from the subpenas
issued and served. The law. provides that
| The procedure In these investigations has
Of half century. but attention is called
case and the persons involved.
If the. procedure is improper the writ OF
| prohibition is an entirely satisfactory remedy.
Any Justice Of the supreme Court in this
county, can issue such writ, and should the
court decide the course pursued to be illegal
it can Immediately stop it u the procedure
pursued is one provided by law. and in my
opinion it is. l see no reason why / should
not select the course best calculated in my
| 1t may not be agreeable to some Of the per-
sons against whom the charges have been
brought
Neither l nor my assistants are disclosing
|
| both investigations have for considerable
time been known to the public and repeatedly
! printed In the papers, and what now appears
Is simply vague statement o. what was
| long since printed Az soon as 1t was known
| that an inquiry was TO be made into the con-
struCtion Of the Jerome Park reservoir. the
| president OF the Aqueduct Commission
| communicated with me- Offering. as ! under
stand him. on behalf of himself and the other
Commissioners TO facilitate" my office in
the inquiry in every way possible ana re-
questng at the proper time to be heard
/ assured him this opportunity would be
Afforded
The Mayor was advised by the Corporation
| Counsel that the amended Charter deprived
him Of power to entertain charges against
the Aqueduct Commissioners; this advice
| IL was his duty to accept. IL | understand
his, communication to me correctly his attt-
ton to be made Of this matter by such lawful
! procedure as may be best calculated to get
| at the full truth.
member of the board who is not satisfied.
As to the former Dock Commissioners.
| l have received no communication from
Them but at the proper time If they desire
TO give testimony AN ample opportunity
will be accorded them,
| Neither nor my assistants nave expressed
any opinion of the criminality of the acts or
the Aqueduct Commissioners or OIL the former
Dock Commissioners. ! have stated that
believe the Jerome Park reservoir was n
miserable piece of work and that there have
been corruptions and dishonesty in connec-
ton with IT, and that the dock properties OF
the city under the Van Wyck Commissioners
were managed In such way as not TO con-
serve the interests of the city and that in
the management of these properties there
| have been fayOritsm, corruption and dis
honesty. | believe both Of these state
the Commissioners in either case have com;
| mitted any criminal act do not know and
have not stated, nor do know how far they
are cognizant OF or responsible for these