New-York tribune., 1903-02-10
BIG FRAUD, SAYS JEROME
.4Heged Principal in Scheme to Beat
Ciu[ Service Examinations Held.

When NJ Charles Rerisch arose for sentence
in the Court of Special Sessions yesterday, on
2 charge Of having taken S4oo FOR procuring a
place in the Fire Department for man, DIS
trict Attorney Jerome announced to the oench
that the prisoner was principal in scheme
to beat the Civil Service examinations. He
asked that sentence be made particularly severe
only twice in the thirteen months that l
have been through the courts. said Mr. Je-
rome, have 1 gone into any court and asked
for an aPgravation of sentence, while many
times l have asked for amelioratton- This
is case where the personal plea must give
way 20 the public veal 7 am informed by Colo
mel Ogden of the Civil service Commission. that
he has evidence in his hand which will connect
this man Benisch with a series Of the most
fragrant and iniquitous frauds that have been
perpetrated on the community since civil ser
vice has been in vogue I ask that Colonel og-
den state what he knows. The whole thing is
so far-reaching that we cannot ye tsee, or even
guess at the limit"
Colonel ogden went to the witness chair and
said
Two young men over r the Office came to
me some time ag5 impelled only by the fact
that they were Conscience-stricken, s | believe
and made statement of which this is fair
reproduction: On May of last year, they said
patromen's examination to he held next day
This they took they alleged. to Benisch's
house. and in return for it one received 800
and the other $50 The examination next day
taken by LII candidates. This statement
has not been sworn to yet, but it is in writing in
the District Attorneys office"
Well" said Justice Mayer. Il think we
should have these young men in court, so will
adjourn this trial until tomorrow afternoon at :
o'clock. The prisoner will be remanded."
Benisch is twenty-five years of age and
lives at No. 42S East Fifty-frst-st. He
was arrested on January on the charge
Of violating Provision 53 of the Penal Code,
specifically that he accepted $500 for pro
curing a position in public office, namely,
in the Fire Department The evidence
on which he was convicted was collected on
July - and 30 of last year, by Thomas q.
Gavin cutter. Of No 93 Bedford-st. and
Joseph N. O'Neill, a special policeman, of No
163 East One-hundred- and -eghth-st-, who is
a detective employed by the Citizens
Union Benisch ran what he called a physical
culture school ut No. Sj3 Thrd-ave. and was
employed last summer as physical director Of
the summer Fairgrounds by the Board of Edu-
cation, with eight assistants under him He
is d man of fine physique and development
According to the evidence Gavin was on the
eligible list for appointment as fireman He
and O Neill. who was then a clerk in the office
of the CiJizens Union, visited Benisch at his
gymnasium. and asked what was necessary to
procure appontmer. to the Fire Department
He told them that Gavin was under weight.
but that he could fix that up They saw him
again on July %. and signed d paper whereby
if was agreed that if Gavin was not appointed
by November | the S4O0 which Gavin agreed
to deposit in q bank would be returned to him.
If he appointed Benisch was TO draw the
entire sum on his own signature.
Both Gavin and ONeill testified that the
fuence looking to Cayin's appointment Ben
isch testified that it merely d. fee for getting
Gavin into proper physical condition to pass
the Fire Department surgeons examination
The money was deposited in the Lincoln Na i
tional Bank. Gavin not appointed by No
vember l. and alleged that he returned to
Fenisch and demanded the money. The money
was raid back TO him November Z. The con-
tention Of ex- Mas gistrate Wentworth and Louis
Iowenstein counsel for Benisch, tha I
Gavin was the guilty party. he having entered
into corrupt contract. This point OF law was
dismissed by the bench. and the case was de
cided on its merits Mr., wentworth argued
that Benisch had been sufficiently punished. as
he had been dismissed from the force. where he
had been appointed a probationary patrolnan
last week Mr. Jerome said that he knew that
the case would not be disposed of with fine
and asked that the sentence be made as severe
as the law permitted. H said that the work of
the Civil Service Commission was of no avail
if such abuses were permitted.