New-York tribune., 1903-07-11
AFRAID OF PUBLICITY.
FACTS HURT T4nM4NY.
Murphy asks to Cross-Eramine
Witnesses in Docks Hearing.

+ta old Dock Board or account OF the reveal
,,o,.s and exposures that The Tribune, followed
-, cher papers. has made from an examination
- ,l,a records of the department Peter A. Hen
s-i,l, counsel for Charles f. Murphy yester-
d,v appeared before Justice Mayer and tried TO
CO.. the alleged leakage OF information at the
District Attorneys office.
.e a matter Of fact none of the important
.,s,iroonv given before Justice Mayer in the
,.r.sent inquiry has 6een disclosed Other in
.-,7,atiou such as the veridcation Of business
.rs-ssctior,s partlv recorded in the minutes OF
,,,o old hoard Assistant District Attorney Clarke
- eec, rror,er in some cases. TO make poohc
An TIA more damaging things, such as the
t2-ov-- & Fleming and Murphy & Gaffney leases
md the S3000O00 of unadvertised treasurers
orders given out by Mr.. Murphy to his frlends'
are matters Of record Controller Grout DIS
closed mart Of them more than a year ago More
of ,ber7 have come 10 light only recently, be-
,s.se the minutes Of the old board were not
,rjnted and bound that they were easliy ac-
cessible Now that these and colateraI lrahS-
actions are receiving a thorough lnVesugalion
and tend 10 show just how lightly Messrs' NUT
pbv and his friendG in the old DOCK 6oaru
-egarded the financial interests Of the city Mr..
Murphy and his associates in controi OF the
Tsumany organization are III F" P''1-
leTnula The facts hurt.
For the last two or three days Assistant Dis
tr,cr Attorney Krotel and of his process
servers have been trying to get hold Of the books
a. the New-York Contracting and Trucking
Company. Of which Alderman Gaffney and John
I Murphy Charles f. Murphys brother, are
supposed to be the principal owners. Frederick
p. KiIIeen was hailed to court yesterday on the
sllrpos:ion that he was an employe of the New
York Contracting and Trucking Company. and
knew something about where the firms books
might be found. Clarence L. Barber appeared
as his counsel and objected to his client being
compelled TO testify, and Peter A. Hendriek.
counsel for Charles F. Murphy, on hand to
assist After considerable argument, in which
Mr. Barber moved that the Killeen subpoena be
quashed and the witness be discharged. Justice
Mayer took under advisement Mr. Barber's mo-
tion.
PRESENTS HIS DEMAND.
Mr.. Hendrick then addressed the court
follows:
7 appear here on behalf of Charles F. Muir
ply, one of the defendants named in this pro-
ceeding and against whom this proceeding is
pending and being conducted. 1t appears, I as
sumo. that there is an information lodged with
the court?'
Yes, q certain information. l cannot state
what it is" replied the justice.
I produce before the court a subpoena signed
by the court, directing q witness to appear on
this investigation. it being the same investiga-
ton in which information is lodged in
proceeding against Charles F. Murphy and
others" continued Mr. Hendrick ''I ask that
Mr.. Murphy be accorded his constitutional and
his legal right TO appear on this examination
TO be confronted by the witnesses produced on
behalf Of the people, and to be accorded his
legal right 10 cross-eXaminaton of those wit
nesses. His right to this I think if your honor
please will become evident by an examination
OF the law
The Court-"Let me interrupt you to say this:
30 Tar as am personally concerned, sitting in
TINS matter as 4 magistrate. l should be more
than glad II it can be shown to me that this
examination may be held in public ami that
me client for whom you appear may have the
opportunity for cross-examination. The only
1ihculty under which l labor in endeavorine 10
ascertain some method whereby 1t can be held
IN public is. that there is nothing before me ur
20 TINS tlme showing that crime has been
CoiI4A!4tteu so as TO justify me in issuing any
warrants. There is an information before me
the contents Of which at this time am not per-
mItted under the law, as I understand II to dis
close. Now, the only other proceeding which
seems open Is the proceeding known a fhe s11r7
mons before the magistrate, which has no statu-
tory force, and which is a mere invitation to a
person TO come 10 the magistrate and that per
son may or may not accept that invitation.
-NoW, under summons proceeding there is no
power 10 compel the attendance Of witnesses,
there Is no power to punish a contumacious wit
ness. and the proceeding is ordinarily an idle
proceeding. Now, If you can point ont IN mo how
/ may lawfully hold this proceeding In nnbIic
and permit your client tc be represented bv
counsel and TO examine and cross-examine wit
hesses, say. in all sincerity, that 1 would be
very, very glad to do so.'
ACCUSED OF BEING A CRIMINAL
I have not the slightest doubt" said Mr.
Hendrick, after very careful examination Of
The law, that We can convince your honor that
ms Is right Mr.. Murphy is not only named In
thls subpena-this process Of the court-as
oeiendant, but he is publicly named bv the
prosecuting officer in this county. in the news
papers day after day, as a defendant in this
proceeding
Now this is an important question, if your
hohor please. It is a question that involves
constitutional right of a man. and one that
involves the question of decency in legal pro-
Cesdlhgs by the District Attorneys Office II in
EoIfes the substantial constitutional rights of a
.al'' MI Murphy is accused day after day by
r--e Disirlct Attorney of being a criminal
pJceealnes are now pending against him as
cIlhiaai; he Is named IN the process of this
No4iL as 2 criminal, and if there be no crime
~ .}ol-lltlea' or II ne be not accused Of a crime
- ocess sAcuId not De issued against Mr..
s-uIphy' and the District Attorney should not
az up Gay after day the papers with statements
3-o 'nsinuations that he is criminal
Now, on the question Of law, If your honor
gts~Se' ,t5Se' We wll submit to you q brief that I
is-,l,e lsi-nk WiA be conclusive in your mind,
4aWyei, that he has this right
SGsllce Mayer said ne would announce to-day
When he would hear Mr. Hendricks request for
q public hearing.
assistant District Attorney Clarke was unable
" account OF illness. 10 take an active part
- me dock inquiry at the Criminal Courts
Building yesterday. Mr.. Kro,2l bowever ex-
eihlned Philip +. Donahue. the president Of the
aAa~anca Club and prominent politician in
1lrpnys Assembly District, to whom the rights
-or baths at fifty ftfl-st fell
after their REIMBURSEMENT by Mrs. Hunt He
pesuheo, according TO Mr. Krotel that he found