New-York tribune., 1903-07-14
rfv CALL MAYER BACK.
,,,,sts in Dock Scandal Not 10 BE
OutIa5Ued By Delay.

~ AFax-er Of the Court OF Spe-
Jus-i-- before whom various phases VI
oia' -, Board investigation are pelns
tne - he recalled from the AdlrohoachS'
IN - has gone for a weeks Vacatloh' III
Nlsis ..or motion by the District Attorney
o'N'- sLo,qs IN the date Of the adjourned near
~ s,.r,iss the action against James T. 'Iall-
'As "a robn ]. Murphy, under bail TOT al
~ ~, r,isdemeanor for securing leases OF piers
-. +,sv were respectively an alderman ana
councilman in 1901.
II the absence on Saturday or Assistant LIS
.-,.t Attorney Clarke. who was III on fFludS
.,5 Saturday. James A. Deering and Peter a
IJ.,aricx counsel for the accused. lnduced JUS
.'.a Naver 10 put over the hearing on the mo-
,,,- n dismiss until July 21 Assistant District
,,.o-rsv Krotel was in charge Of the case. The
,rsnce charged in the warrant was committed
1r1, 10 1901. and the statute of limitations
=. oct as q bar to any further prosecution or
-. attendants unless it is decided before July
70 70 hold them for trial
7nzPBOFEssIoNALIsM CHARGED
.7+ Is 70 be regretted" said Mr.. Clarke yes
..-s.,, "that was not able to be here on sat
,,rss,, last. when Messrs. Deering ana Hehorlck
occurred an adjournment Of the nearing on IiIe
s,srissal Of the complaint till July II These
gentlemen accused me Of unprofesSiona4islh'
,rba+ 7rord has an unpleasant sound TO SELF
resDecting lawyer In my absence they appdI-
o,,lv secured an advantage in time that may
-o,-s embarrassing to the prosecution Propaply
,be fart that Gaffney and Murphy have been
,r.r,a5 with rnlsdemeanor in connection with
+-a,saction Of July 10. 4901. will prevent
,bs statute Of limitations from being efiectlve
IN this case. On the other hand. where there is
s,,cb an evident determination Of the defendants
10 delay matters the postponement max be
-fsfeu sdpznt5ge o. I sfIaft secure from Justice
MAYER at once advice as to just what his stay OF
Saturday last comprehended. The delays asked
for BY counsel for the defendants begin to look
suspicious II may be that we shall have to ar
rest the defendants over again unless motion is
made before Justice Mayer who now is in the
country TO move the date for the final hearing
forward TO before the 10Th of this month
Mr Clarke said that he was in telegraphic
communication with Justice Mayer. and ex
pected that other warrants would be issued
within few days. He said he expected that
these warrants would be issued for city Off
dals on account Of the lease Of the Ninety
sixth-st. pier The lease was granted on July
- 1901. 10 the New-York Contracting and
Trucking Company. Of which it is alleged Alder
man Gafney and former Councilman J. ]. Muir
ply were members al the time it was granted.
THE MURPHY STATEMENT.
Did you read Mr.. Murphy's statement?" Mr.
Clarke was asked Yesterday
Yes said the prosecutor. Iaughingly. "I
read it very carefully, but failed to find in 1t
any information concerning Mr. Murphy's
friend. the mysterious William / Kidney, or
mat other much wanted witness, Mrs. Essie
Irene Gaffney, treasurer of the New-York Con-
'raeting and Trucking Company. Mr Murphy
also failed TO clear up some rather becIouded
features connected with filing in contracts by
Ms friend Cunningham. Perhaps in a subse-
Quent statement he viii give US the desired light
On these points"
JEROME REPLIES TO COUNSEL.
District Attorney Jerome yesterday made for
MAJ answer TO the complaints Of Mr. Murphy
'4 ms counsel about the alleged irregularity
go .lnpropriety Of the present investigation into
DOCK Board and Aqueduct Commission. He
save OUT the following statement:
che eHfeSgonsible persons made charges against both
are tT5. Aqueduct Commissioners II the charges
dutv ~ sLaey may involve criminality II was my
veses,,oAs. As to procedure could conduct such in
infor~s+So.Ss before the grand Jury or upon an
This - proceed before the regular grand iurT ot
IS 50 Pre-; ,ueeause the volume of routine work
Moreove-- mar il has not time for ANYTHING else
exanirst.;snc snch Investigations which involve The
they esr ~ @ ol numerous witnesses at any time
nsoesgtv - served with a subpoena, and which OF
tern - extend over longer period than a single
before grs5d c4hnot pe carried on satisfactorily
Nkev = q these two ways. chose fhe Uav mos
ns'ier my opinion TO get at the full truth in tbs
he Sssg s9sSspaPers have drawn the inference as tc
lols tron ,be ~ me defendants in these inforna-
laE broyi5.sS me 5 saopdnas issued and served The
tanss '7Ss rs mat the names be mentioned in sub
rs been n 6s procedure IN these investigations
because century. but attention is called To II now
VI. ~ 'eeiiEeo II the procedure is inproper IN,
fenedy so--io!uon gives an entirely satisfartory
oog1tr- - any Judge Of the Supreme Court IN thi,
tscse - Issue such writ and should the - co,Ir M
inraesistel course pursued TO be Illegal II "a,
sec = Provided BY law and in nv opini6 pursued s. i
etst cslcuis.e7 my should not select the cours,
m ~ 2eSsaSe It may not be agreeable ne to royl
Zen brcueb. Est Ssalnst whom the charges hay,
n bsI the contents Of depoityyoI my ASSISTANTS ar
been trey lions have for consderabIe i'm
v5rss s5ers and what now appesrs y printed Il
cement OF what was long since nrfnfted;
lsSIoNERs MAY BE HEARD
TO b nm 8s1s as II was. known that an inou,r, me.
duct raTk reservoir the presideI,' 80 e'e OF m
as r@.sslon communicated win ~ M 'hs aque @
4tT ----i-' ''ia nelaf or himself
ne inql,if, $50 l4oaels' 10 facilitate" nv ono Z,
a. Tho lL every way possible and o..ICs
ms opboTtuItt1 ne 9oa to Be heard assured hin
arlerdc dsee by the Corporation S,o1,rsddIhe me Mayo
is csrreS er deprived him of power to l,i@1 entar m
ms advice 1, 'sa4St s nc Aqueduct Commissonesrs
sana his ooT,,r., ~ lls olty 70 accept II under
tnae Is that b leation 70 me correctly. his al
eedllTA 'soe of this matter bv s'5cb ihvestigati u
M uh sy As fog 9g 6sst caeuisted to get at pt tn
rs "a - lper Of the board who is To, .2s TOLL
FORMER Dock Commission1aeSrIs "a I iIi.',i Is,.