New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-01
KIDNEY BEFORE JURY.
G4FFNEY MAY ESCAPE.
Justice Bischof's Questions Indicate
Doubt IN His Favor.

by Justice Bischoff. of the Supreme Court, as
the formalities connected with the ar
gument on the writ of habeas corpus proceed
ings brought by Gaffney's counsel are disposed
Of Gafney is charged with misdemeanor in
having while an alderman, signed in July. 1901
lease of the West Ninety-sixth-st. pier,
transaction forbidden by the charter. Justice
Bischofs comments and running debate with
Assistant District Attorney Clarke yesterday
when the writ argued orally, indicated that
he was ii doubt about the propriety of holding
Gaffney for trial
Even If discharged by Justice Bschon, the
alderman will not be through with his troubles.
He was indicted by the grand jury, arrested
and held in $500 bail for misdemeanor for hav-
ing obtained a lease of the Seventy -ninth-st
pier. This case will come before Recorder Goff
on a motion to dismiss some day next week. If
he is held his trial probably will go until
October.
The mysterious William l. Kidney, for whom
subpnnas have been out for a month,
found yesterday and taken before the grand
jury. 1t is understood that great deal of i'm
portant information was obtained from him.
Kidney is believed to be dummy for John j.
Murphy and James E. Gaffney. Mr.. Gafney
early knew of Kidneys appearance before the
grand jury yesterday.
Kidney before the grand jury, and he
stood Clarke his head" said the cheerful
alderman from the XVIIIth, at the City Hall
early yesterday afternoon.
KIDNEYS DUMPING PERMIT
Kidney held a permit for the Seventy ninth
St dumping board on July 10, 1901, when James
Z. Gaffney, president of the New-York Con-
tracing and Trucking Company, wrote to the
Dock Board letter on the stationery of the
company as follows:
Gentlemen: Our company is desirous of making
g repairs q
ST and North River but we do not feel JUSTIFIED IN
therefore hereby respectfully make application to
pier foot Of West Seventy9ninth-st Very respect
JAMES E. GAFFNEY President
This letter was with reference to the permit
held by Kidney at the time. The board
promptly granted the company lease of the
pier, requested, but failed to incorporate in it
a lease for a dumping board. The company
went ahead and occupied the pier with dump
ing board, just if it had a lease OF it. An
ejectment suit brought by the city is still pend
ing. Kidney. it is assumed, yesterday told the
grand jury about this transaction and about his
lease of the One-hundred- land thirty -third-st.
pier now being used by interests supposed to
| represent Messrs. Gaffney and Murphy.
COURT ASKS MANY QUESTIONS.
Justice Bischoh made things lively for As
sistant District Attorney Clarke yesterday when
the argument on the Gafney writ Of habeas
corpus and certiorari came up before him for
oral argument. James A. Deering argued for an
hour and quarter without interruption by the
court AS soon as Mr.. Clarke opened for the
people Justice Bischoff began to ply him with
hypothetical questions, continuing a sort of
cross examination of the Assistant District At
torney for half an hour. Mr.. Clarke held his
ground stubbornly. The verbal battle between
the justice and the prosecutor greatly interested
present. He apparently grew tired of the pro-
ceedings and went away early.
IN his petition Peter A. Hendrlck, Gaffney's
counsel. represented that Alderman Gaffney was
illegally restrained Of his liberty on the ground
that Justice Mayer had no jurisdiction, and also
| because the affidavit which Gaffney had been
| held did not state facts which constitute mis-
| demeanor James a. Deering, who appeared
yesterday to make the argument for Gaffney
| said:
The defendant was arrested on July on
| warrant issued by justice of Special Sessions
! on a charge of a msdemeanor, under a sectloh
Of the charter which prohlolts cry oIceIS rom m
| doing business with the city. If there was no
! legal evidence before the magistrate the maglS-
/ trate was without jurisdiction, ana we claim
| there was no evidence that he was an officer or
| director of the contracting company. 4here was
| a certificate shown to the magistrate tlaL ne
had agreed to take hve snares OF Se4eh; fra ,e
| contract was signed. and the only thing to snow
| that he was or intended to be a Stockholuer.
GAFFNEY SIGNED THE LEASE.
| The lease is signed for the New-York Con-
+rsoTine Cou1pany by James Z. Carney, Presi-
dent" but there is no evidence oy [ecoras % 90, op
| hooks that the defendant at the time was the
Dreei5ent of the company. There is nothing to
t,o2, that they have tried to produce the books
| or records of the corporation 10 sho" Ina. LIat ne ne
was the president OF the company; LhlS ms We
| cIein, ehonId have been done. AS 1t is, there Is
No legal evidence. The declara tons OF man
are not the best evidence, but can be SHOWN
| urber no other evidence can be produced
| r-Ia Tietric+ Attorney produces the County
C.Ierk,s certificate that he is an alderman, and
| did not take his word for II. Now, II that was
! why is It not necessary TO produCe a
| oort;0ca fe showing that he is an otncer, a dl-
| ractor or a stockhoder in the corporation? Ihe
allegation in the complaint IS that 'ie alderman
! was an officer and StockholoeF III 'lie C"i
| tior II that be So there was no proof before
49, NO o,ictrate only the lease, in Whlch ne
states he is the president or the colhpdhS II NJ
was a stockhoder ii has TO be lnleIIe lIoiLi tIi
c' &c ~ Co. Rut there is nothing to show that
! I'm Tulv 1901 when the lease was slsheu' ne hdu
ever taken that stock
Nearly every officer of the city government
! his business relations with corporations VINO
| have business with the city" declared MI Deer
! ing in closing his argument ,,, - -,
,;~od tbet the alderman had any pecunlary
! ;r+ereet in the contract or II, as stochholueI'
| ,do,,id he said to have knowingly been inter
ested in the contract with .a ene contyact
| 80 ,,oxerless to prevent the cohdact: -.
"@S PSiarke said the party could get ria OF ms
stock if ne knew of the fact, cdt,,,,ry,, doing what
4he oherter forbids and was there any
!sca LIG before the magistrate 10 sho" lhaS
~ ~eVIgeiiCe ,oo1,inrly violated the charter! asked
the court. .
c.1,ENE-Y FORMED THE COMPANA'
C,arke replied that Mr.. Gaffney formed