New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-07-04
HIGHER Up ARRESTS NEXT
ru7O LESSEES SURRENDER
Gafmey and ]. j. Murphy ParoIed
-WkGf Their Defence Will Be.

-, 1c,,o is a brother of Charles F. Murphy,
- - Taruany Hall, was councilman in
-, 1901 when he and Alderman Gaffney
,-e5 a lease Of the pier for the New-York
l-on,racting and Trucking Company. These are
erst arrests in the scandal in the old Dock
poa-d the original exposure OF whose queer
so,,,os Vas made by The Tribune in April
,1,,rnbv and Gaffney were accompanied to the
,.-;ro,,a1 Courts Building by their counsel.
Ta-,es A Deering. They asked for adjourn
,,ort and Justice Mayer set the hearing for
wednesday at p. m. They were not required
n give bail.
Assistant District Attorney Clarke says that
,be arrest of Murphy and Gaffney is only
collateral issue" of the prospective prosecution
of the old Dock Board. There is no concealment
of the intention of the District Attorneys Office
10 go higher up.
on July l. 1901, the New-York Contracting
and Trucking Company asked for lease of the
Njnetv-sixth-st. pier, and got for thirty
wears at about So, 700 year. The pier was not
ready for occupancy at the time and the
many did not take possession of it under an
ecuted lease until December 81 1901, just four
days before the old board went out of Office.
THE MIsDEMEANOR CHARGE
The warrants for the arrest of Gaffney and
Murphy are based on an alleged violation of
Section 1888 Of the charter of 1897, which,
under Officers Not To Be Interested in Con-
tracts" says:
No member Of the Municipal Assembly head OF
department. chief OF bureau, deputy thereof or
clerk therein shall be Or become directly or IN
of any real estate or other property, belonging to
Damei in this section shall during the time for
which he was elected or appointed knowingly ac-
ne }e s 9 al @ Shall 5e deoiz,ed 1oon him he shall
m
ished for msdemeanor
This section was amended in the charter of
1902 by changing Municipal Assembly to Board
Of Aldermen, and inserting after the words
directly or indirectly as contracting party,
partner, stpckholder or otherwise"
Soon after Assistant District Attorney Clarke
reached his Office yesterday forenoon. he was
called up on the telephone by Peter A. Hen
drick, lawyer, living in the XXXIst District,
who said he understood that warrants had been
issued for Gaffney and Murphy. He said that
the two men would be at the Criminal Courts
Building at u o'clock. When they reached
there al 12.45 they We're accompanied by Mr..
Deer.ng the counsel OF record, and by Mr..
Hendrck Joseph Moss. Of Howe & Hummel's
Office also was busy around the chambers as
soon as the men arrived, and went with them
into Justice Mayors room. Justice Mayer was
On the bench at the time, but soon repaired TO
his room. and the visitors filed up in front Of
his table. Warrants then were served on Gan-
rey and Murphy by Detective Rappoldt. Mr..
Mayer asked the prisoners TO he seated. As
sstant District Attorney Clarke remained
standing.
7 ask that me complaints n this action be
dismissed on the ground that the facts con-
tanned in the affidavit not sufficient TO con-
stitute crime" said Mr.. Deering.
You can have an adjournment till Monday,
when the question Of waving examination can
be determined" said Justice Mayer.
NO BAIL REQUIRED.
7 think that the question of bail should be
considered at this time said Mr.. Clarke.
Oh guess it will be all right to parole them
in the custody of their counsel said the court.
I certainly think these innocent men should
he paroled in my custody said Mr.. Deering.
1T is a question If these charges can be sus-
tanned. and at the utmost there be nothing
more than nisdemeanor. 1t is question If the
courts. in constituting the charter would declare
that the acts that these men are charged with
having committed would come under Section
1888 al all. If the courts should so hold, most
city officials to-day equally guilty Of mis-
deneanor. think I make it clear TO your
honor that there has been violation of the
law"
Mr.. Clarke turned to Mr.. Deering at this point
and said: You say crime has been commit
ted. Come right along and tell us how you
prove that We are quite willing to be con-
vinced"-
we were ready and we are ready interrupt
ed Mr., Deering, heatedly "at any time but
since these warrants have been issued we take
all our legal right. Wednesday will suit me
better than Monday" added Mr.. Deering, turn
ing 10 Justice Mayer.
II the counsel wishes 10 submit a brief I
would Ike TO have il early. that may an
s"er II" said Mr.. Clarke. cheerfully.
don't believe my learned friend needs any
more time to study the law. He has been dis
cussng this case for the last two months" said
MT Deering. caustically
Justice Mayer then adjourned the hearing till
Wednesday,
Detective Rappoldt asked for the pedigrees of
me men, so that he might use the data to fill
CUT the backs of the warrants Justice Mayer
hal' II would be time enough to get the data
after conviction. If there should be conviction.
The complainant in the action Is Russell
bleecker. secretary Of the Dock Department.
The lease Of the pier is attached to the COM
plant are also affidavits by City Clerk Scully
ana Charles r. O'Nei of the County Clerk s
Office
From present indications, Mr.. Deering Will
contend that the section in the charter on which
the warrants are based does not apply to cor
porations, such the New-York Contracting
Company. He seemed 10 think that as it was
corporation that obtained the lease. the indi-
viduals in the corporation were not liable. AS
Gaffney and Murphy are the only directors and
stockholders Of their $4,000 concern, Mr.. Clarke
holds that q quibbc Of this kind is not sound
Law.
BROKEN STONE TO TAMMANY MEN.
District Attorney Clarke has transcripts from
the books Of brown 4 Fleming shoyyiue thai