The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-11
MURPHY CALLS FOR PUBLICITY
opry THE DOCK BOARD INQUIRY
nm sYOP IT, COZ NSEL ASKS.
,.,.s That the Defendant Is Named as
n criminal Yet Is Deprived OF His
constitutional Right 10 Appear and
.,.,ss-examIne--Th Justice lsThinliing

~, Di.,IC, Attorney To inquire into the
~ fbo old Dock Board, of which he
,r,.a member appeared by counsel before
T'.,,c. MAYER in Special Sessions yester-
io, ara demanded as a constitutional
,',b, that the investigation be conducted
..,l,l,cly and that he have the right to
,..-nynuno witnesses. Justice Mayer
,;I ,la, if he could see his way to open
,%', iroujrv to the public he would be glad
10 do NJ"
Mr. NIurphv's counsel at once said he would
ho ,lIl 10 point out such a path. Justice
u,yor said he would announce this morn
I'M, when hr would be ready to hear counsel
an thai question Another lawyer appear
inc for witness subpeaaed to testify
yesterday objected to the swearing of the
yltnes- ON the ground that the court had no
Jurisdiction, since Charles f. Murphy had
bean named as IA defendant but never had
heen served and was not present and there
fire deprived of his constitutional rights.
The second question was the first to come
an Frederick r. Killeen had been served
with subpoena duces. tecum as a person in
rossrssioa Of the books of the New York
Contracting and Trucking Company, the
companv in which John J. Murphy and
Alderman James + Garfney are alleged to be
interest ed. according 10 the accusation
now living against them and on which they
were arrested.
Ii came out that the subpoena had been
made out in blank and that the server
wen, to the office of the New York Con-
Iacting and Construction Company and
them ascertaining the name of Mr. Kill
cen. filled il in. When this was explained
N court, Justice Mayer said he doubted
rhe validity of subpoena filled in by the
process server when in the act Of making
the service Assistant District Attorney
Paul Krolel argued that as subpoena
had been issued against any officer, mana
ger or agent of the company. the act of
the server was proper. The Court said he
would take under advisement the motion
Of killeeu', counsel TO discharge the wit
ness,
dIhc court has no jurisdiction for this
proCe eding," said Clarence l.. Barber.
who was iilleen's attorney. There is
no defendant here in this court. No Charles
+ Murphy has been served with any proc
, s. and he is not here. That my main
objection. The examination Of witness
cannot be Ia ken in the absence of the de-
PENDANT.
81 suppose there might have been in the
mind Of the District Attorney some sort
of an idea that this was John Doe pro-
rccding But it is not, and If il were,
would take the position that the proceeding
would not apply here because, after an
alleged criminals name IL known, there is
no occasion for any John Doe proceed
ing
Then Mr.. Murphy's counsel, Peter A,
Hendrck, spoke up.
If any irresponsible employee, ire
sp0nsible in the sense OF not being an Of
fcer of the court, can take bundle OF
subppnas and 90 and subpoena people,
aid Mr.. Hendrick, he can 60 along Broad
way and subpoena every man that he
links in his Judgment, may be OF some
assistance 10 the court.
Now. your Homer, | have to bring TO
I've attention of the Court much more
serious question than The one already pre-
sontod. Iappsar here on behalf OF Charles
f. Murphy OnN of the defendants named
IN this proceeding and against whom this
proceeding is being conducted. II appears,
assIn", that there Is an information
edged with the Court?'
"Yos. a certain information" said JUS
ric" Mayer. = cannot state what it is. p"
"YrS. a certain information" repeated
VII. IiiUlfitk. Anu IIOtlu't btlolt
ia" Csur subpoena signed by the Court
directing witness to appear against Charles
+. Murphy and others. | ask that Mr.:
Murphy br accorded his constitutional
and his legal right to appear on this ex-
animation, 10 be confronted by the wit
n'ss,s produced on behalf of the people
and to be- accorded his legal right to cross
examination of the witnesses. His right
10 This | think. il your Honor pleases, will
Income evident by an examination Of |
he law
"Su far a. am concerned, said Justice ,
Mayer, II shall he more than glad If II can |
" hown 10 me that this examination may !
ho held in public and that the client for
whom you appear may have the oppor-
'unuy for CrOss-eXamination. The diff |
Guilty under which | labor in endeavoring |
o ascertaiu some method whereby it can
Ne held in public X that there il nothing
b"furc me, the contents of which at this !
'ime show that a crime has been COM
m't"d SO NJ TO Justify me in Issuing any
warrants
There is an information before me tho
contents Of which am not at this time
permitted to scluse Now the only other
preceding which seems open is the pro-
ce"dug Known as the summons before a
NJ & -trate which has no statutory force
aud IN which the person subpo nGed may or
may net accept the invitation to testify.
X
a witness that proceeding is idle.
But Mr.. Murphy is not only named in this
sui pura" ms ed Mr. Hendrick, but
he is publicly FAMED by the District At
'orney in tn" newspapers, day after day,
As defendant IN this proceeding The !
only object uf john Doe proceeding il TO !
proceed secret " in order TO find out who the !
criminal i. But when the representative of +,
the people comes into court and says here |
is the Grimm AL Charles F. Murphy is the /,
man, that moment the right to secrecy
ceases, From that momen, Mr.. Murphy |
Is guaranteed by law his right to appear
oHure he court
IhI- must be a proceeding under Section !
WN and under all proceedings for an exam- !
nation b" has the right to appear the mo- ,
Inent his name il disclosed, wAether IL was
q, secret proceeding Heretofore or not. (,
Inc moment The prosecuting officer elects /
70 say, Here iS the man whom We accuse !
IN court Of this crime that moment he is |
accused and the moment criminal action /
or proceeding is begun he is entitled to be- |
i'bars"nlod by counsel.
=, His Is QN ~tion which involves Mr..
MNrNW 5 constitutional rights and the
yn' ,,Non If deCenCy in legal proceedings by
w" District Attorney Office. He IL accused |
~ the District Attorney, he is named in
t'r proceeding, If no crime has been COM
III'bn or II h" i've not accused Of a crime
tn"h ne process shouldnot I've issued against
Mr Murphy and tn" District Attorney
shnH'd met fill mp the papers day after day
m'h 10" 'u-inuntjCn that he IL criminal
VI NJ" Uu Stion e law will submit brief
Nih'h | think will be conclusive to your
.lnd that h" has this right"
81 non 4 -