New-York tribune., 1903-07-22
ALDERMAN GAFFNEY INDICTED
WARRANT BELIEVED TO BE OUT FOR ANOTHER
NAN ALSO-IMPORTANT NEW EVIDENCE.
Charles F. Muphys Layer Seeks Fleings Prohibition
Proceeding Quashed.

Gafrney will plead to the indictment on Fri
day.
Charles F. Murphy denied yesterday that he
had, as alleged. separate rooms for himself at
the so-called Katharine Smith bath house, at
-hundred-and- fifty -1fth-st This is the bath
house which Philip F. Donohue. president of the
Anawanda Club. obtained by peculiar methods.
L never spent a night on this pier they're
talking about, and never knew of any COM
missioners' room If there was any" said Mr..
Murphy Yesterday at Tammany Hail. "I may
have stopped off for bit of a visit, but never
spent a night there. Donohue has explained all
about that lease. He took out the lease in the
name of Katharine Smith because he was then
employed under a Republican postmaster. and
was afraid o lose his job He was fired, though,
and then he took the lease in his name. AS
far the charge goes that the Dock Depart
ment fixed up the bathhouse free of charge to
Donohue. that isn't SO. We always made it a
rule to do the work any tenants who wanted
to improve their property, and charged them
for it, too. We did all right in this case. We
always charged what it cost, and per cent
more This Ia is made because Donohue hap
pened to be officer in my district club; that's
ALL"
IMPORTANT EVIDENCE FOUND.
In view of the fact that counsel for Gaffney
and Murphy are disposed to try to prove that
while their clients were president and treasurer
of the contracting company in 1901 they were
not necessarily stockholders, a letter found by
Assistant District Attorney Clarke on file with
the Dock Department has considerable signih-
canoe. It shows that the New-York Contracting
and Trucking Company succeeded the firm of
James E. Gaffney & Co. letterhead of the
company has on it the words Newly Con-
tracing and Trucking Company, successors to
James z. Gaffney & Co." Mr.. Gaffney was all
there was of the old Gaffney company, and
therefore. in the opinion of the Assistant Dis
trict Attorney, when the contracting company,
with Gaffney and John ]. Murphy the prin-
cipal officers. absorbed the old firm it owned
practically all of it. The incorporation papers
show that both Gaffney and Murphy were the
principal stockholders. The letter referred to is
dated July IS, 1900, and is addressed to the
Dock Board. 1t reads follows:
We hereby respectfully make application for
lease for pier or part of Same at foot of East
enty- -third-st, for the purpose of building dump
for the reception of cellar dirt Hoping that this
will meet with your approval, we are respectfully
NEW-YoRK CONTRACTING AND TRUCKING
COMPANY. JAMES z. GAFFNEY. President
Following the indictment of Alderman Gaffney
yesterday came the argument before Justice
Mayer on a motion by the defendants counse!
10 make the John Doe inquiry public. Mr. Deer
ing argued for an hour in an attempt TO snow
the irregularity of the inquiry, and offered a
large bunch of clippings from the daily papers
bearing on the exposure Of the old Dock Boards
doings. Mr.. Jerome said he had read number
of these accounts and that they were not ac-
curate 80 far as he saw" The hearing lasted
until nearly Z o'clock. and Justice Mayer said ne
would take the papers and announce decision
tomorrow.
The surprising statement was made by Mr
Hendrick, Of counsel for the defence, that L.
Latin Keogg's application to Justice Scott IN
behalf of his client. John Fleming, for a writ
prohibiting continuance of the Dock Board in
vestigation was not authorized by Charles F.
Murphy and the other former commissioners
.'NFr. kellogg whent ahead without consulting
anvbodv" said Mr.. Hendrick last night. We
are not obiecting to a continuance Of the nVeStl-
CATION l have asked Mr.. Jerome II the tIem-
ing proceeding cannot be quashed under
stand that Mr. Kellogg is not oVer-anXlous 10
continue it He was not authorized TO ask LOT d
nrohibition of the particular part OF the inquiry
with which Mr.. Deering and myself are con-
cerned.' ~. w.,
Argument on the order obtained for MT Flem-
ing bv Mr. Kellogg will be heard to-day be1ore
Justice Scott Assistant District Attorney
Clarke says that the argument VIII be maze, ana i
that Mr. Kellogg will have 10 De Oh manu- Vi ie'
his case go by default