New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-10-15
RESPITE FOR MURPHY.
ANOTHER 1DJOURNMENT.
City Ready, but Old Dock Board
Counsel Is Not.

Charles F. Murphy. J. Sergeant Cram and
Peter F. Meyer. the old Dock Board Commits
sioners will not have to tell until after election
about the alleged fraudulent lease given by the
old board to Joseph Esln for the bukhead be-
tween Twenty-eghth and Twenty ninth SITS.
The case on for yesterday morning before
Justice Scott The sity was ready with its
witnesses to show that the lease had been OBJ
tanned by fraud and conspiracy. as alleged in
the complaint. Thomas c. O'Sullivan. counsel
for the various interests making up what Is
generally known as the Dock Board ring got
Justice Scott to adjourn the case until NO
vember g.
Mr.. O'Sullvan declared that he had been unable
to get at certain documents in the custody OF
the present Dock Board.
We are ready to proceed with this case said
Assistant Corporation Counsel Mcclure. Il
must beg to differ with my esteemed friend. MI
O'Sullvan. in regard his alleged inability 10
get at the documents in connection with the
case. Mr.. OSullivan has not been precluded
from the examination of any documents. nor
were any papers withheld from him. They are
not now refused Mr.. O'Suvan came to us
and urged as an excuse for an adjournment the
great bulk of his private practice and business"
Mr. O'Sullivan said he was debarTed from
making application to the court for an inspec-
ton of the documents required by him during
the summer vacation, the courts were not
sitting.
Justice Scott said. smingly, that Mr.. O'Sul-
Ivan must he aware that the part of the court
10 which such an application should have been
made never took any vacation. He then granted
an adjournment to Monday. November g.
AS stated in The Tribune yesterday. the COM
plant in the Egan case charges that the lease
of the bulkhead now held by Egan was obtained
nAAIr I'd
granted Egan the lease of the bulkhead for
three years at $3.50 year. The minutes Of
the board were altered to make it appear that
the lease was for thirty yeavs and the rental
price was cut down from 81 $50 to $3.50 a year.
The bukhead one hundred feet north of Egan' $
rents for $4,000 year.
A decision is expected from Justice Davis on
Monday in the Seventy-ninth-st. pier action
brought by the city against the NewYOrk Con-
tracing Company. owned by John ]. Murphy
C'Charlie's' brother and Alderman James E.
Gaffney, in the name of his Wife This COM
pany, without having a permit to operate a
dumping board at the Seventy ninth-st pier.
went ahead while Charles F. Murphy in
the board, and built the dump. The pier did a
business in 1902 of about $4,000 net profit.
Nearly all the dumping from the subway for
two miles UP and down the line went to the
Seventy ninth-st. pier.
Dock Commissioner Hawkes. having under the
terms of the lease of the pier and under the
charter requirements a right to order the COM
pany of the pier when he got ready 10 make
permanent improvements ordered them off
They refut'edSfo go. and restrained the city by
injunction IfrGss9 interfering with them. James
A. Deering. counsel for the company. has sue
ceeded by fling demurrers and getting adjourn
ments in having the case drag along for more
than a year.
The old Dock Board, with all the commission
ers present. gave the company a thirty year
lease Of the Seventy-ninth-st. pier at $3.50 a
year. 1t is thought to be worth about $4,000
year.