The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-22
ARGUEFOR CHARLES MURPHY
LAWYERS ASK TO NAVE JOHN
DOE PROCEEDINGS STOPPED.


Bail, and Says That IT'S Politics
On behalf OF Charles F. Murphy. leader
Of Tammany Hall. Lawyers James A. Deer
ing and Peter r. Hendrick publicly dis
owned yesterday any interest in the APP
plication by John Fleming for writ to
prohibit the John Doe" Dock Board pro-
ceedings, which District Attorney jerome
Ia conducting.
late yesterday a fternoon, after Alderman
James E. Gaffney, who was indicted in the
morning by the Grand Jury, had been
released on bail, Mr.. Deering and Mr.. Hend-
rick. who had appeared for Gaffney, went
before Justice Mayer to argue on Leader
Murphys application that any further
inquiry into the Dock Board Of which he
was member he made in public.
Mr.. Deering submitted to the Court a
mass OF affidavits of witnesses who have
testified in the John Doe" proceedings.
and also number of newspaper clippings
containing what purported to be the testi-
mony OF other witnesses. Mr.. jerome
objected to the clippings, and Mr. Deering
insisted that either Mr.. Jerome or his as
sistant, Mr.. Clarke. furnished the news
papers with accounts Of the proceedings.
Mr. Jerome denied it, The Court took the
clippings.
Mr.. Deering asked for a dismissal OF the
proceedings as against Charles F. Murphy
on the ground that no crime had been al
legged and that the witnesses had been ex-
amned in secret. neither the defendan mt
nor his counsel being represented Mr..
Deering said that there must under the
code be some allegation of specific crime
and thit there was no such thing before
the Court. The District Attorney had
simply gone on a fishing excursion.
Mr.. jerome said that he rested on the
decision Of Justice Scott in the Lewisohn
case Mr. Deerlng said that was a specific
case Of gambling. Justice Mayer said that
he would give as speedy decision as
possible
The indictment of Alderman Gaffney
was expected. 1t involves the pier at the
foot Of West Seventy-ninth street. Gaf-
ney, then an Alderman, wrote to the Dock
Board for a lease of the pier, signing his own
name to the letter and subsequently, when
the lease was granted. signing the lease.
The fact that John j Murphy, who was
treasurer of the New York Contracting nd
Trucking Company. for which Gaffney got
the lease, was not indicted yesterday is
taken to mean that the attempt to convict
Murphy of misdemeanor has been aban-
doned Mr.. Jerome has always been in
doubt about his ability to get case on
Murphy, for there is no record OF his per
sonally seeking TO leGse pier from the
CITY while he was member of the Municipal
Assembly and no record of his ever having
signed lease of pier for the New York
Contracting and Trucking Company; Mr..
Murphy is out of town at present, and there
was a rlimor yesterday that he. too. had been
,,Tlt f,l bittt hat fb.l
held until his return TO the city.
Alderman Gaffney appeared in the Cen
eral Sessions shortly after his indictment
was announced. Patrick keahon, Tam
many leader of the Seventh district, APP
peared as his bondsman and gave bail
when Judge Mcmahon held Gaffney in
81 600 for trial An application to inspect
the minutes of the Grand Jury was argued
for nearly half an hour, decision being re-
served until Friday. when Gaffney will
be arraigned to plead.
This is a damned outrage, said Calf
ney after he was released. The District
Attorney is just doing this for political
effect I am arrested 10 further the po-
ltical ambitions Of Jerome. repeat that
it is daaned outrage"
Justice Mayer will hand down his decision
to-day in the application OF Gaffney and
Murphy for a dismissal of the charges
against them In the case Of the Ninety
sixth street pier. Justice Blschon Will
hear argument in the Supreme Court to-day
on the Fleming writ
Frederick R. Kilen, the only person the
District Attorney has been able TO find in
charge of the property Of the New York
Contracting and Trucking Company, was
subppnaed yesterday to produce the books
of the company He called at Mr.. Jerome's
office to say that he had no control of the
books az they were in the hands Of the indi-
vidual officers of the company. The officers
will now be subpPnaed.
Charles F Murphy denied yesterday
that a room was fitted up for him on the
recreation pier at the foot of West l55th
street while he was member. of the old
Dock Board. and that in the summer months
he slept there so often that the room be-
came known az the Commissioner 8 room
The story is absolutely false, he said.
Il rarely visited the pier It is true that
some of the construction work on the PIER
was done by the city, but ii is customary
to do this and then charge the lessee for
the work at an advance of about 10 per
cent. There was nothing about the lease
of this pier that was irregular. Mr. Dono-
hue did lease the pier in the name Of Ksth-
crime Smith, but he did thst because he was
employed in the Post Office at the time
and was afraid he would lose his place il il
became known that he had leased property
from the city"