New-York tribune., 1903-07-24
GAFFNEY TO BE TRIED.
NAY CANCEL HIS LEASE.
j. j. Murphys Case Dismissed, ont
He Can Be Called as Witness.

Charles r NTurphv. leader of Tanmany Hall,
was dismissed and Justice Mayer told his coun-
sci that he would discharge Murphy from Gus
tody when he was taken TO court to-day
Through a peculiar combination OF circum-
stances this leaves John J. Murphy and the Ola
Dock Board In just as bad dx as before As
soon as Murphy is discharged he can be sub
poenaed. and as president of the New-York Con-
tracing and Trucking Company he may be COM
pallsd 10 produce the books OF the company.
Az defendant he could not be compelled TO
testify.
The failure of Assistant District Attorney
Clarke to get hold Of the books was the main
reason IL is thought for the failure OF the prose-
cution to prove that Murphy had knowledge on
the acouirement of the pier lease by his COM
pany Mr.. Gaffney signed the letter asking for
the lease and later signed the lease Murphy
did no writing then. The books Of the concern
are likely, however. to show that he knew as
fully of what was going on did his partner,
Mr. Gaffney.
The failure of Frederick r. Kuleen. bookkeeper
Of the New-York Contracting and Trucking
Company. to obey the order Of the grand jury
TO produce the books, is likely TO make trouble
for him. 1t is said that the foreman OF the
grand jury is angry over the transaction Kill
Ieen was q hanger on around the Court OF
Special Sessions yesterday when Justice Mayer
gave his decision. Afterward Assistant District
Attorney Clarke encountered him in the hall.
where KilIeen was waiting for his employer,
Gaffney, to come out.
Have YOU got those books?" Mr. Clarke
asked.
No" said Killeen they are in the actual
custody of my employers"
Just then Mr.. Gaffney crossed the threshold
and stood near Mr.. Clarke. He has thrown
them overheard" said Mr.. Gaffney jocosely.
Mr. Clarke has spent too much time in trying
to get hold of the books TO enjoy a joke of this
kind. Keeping his eye Killeen. he said:
You a pretty young man to fout the
grand jury of New-York County. You'd better
bring thoz books. I suppose you wanted 10
save your salary"
Killeen turned various coors and then walked
close up to Gaffney who wanted TO know what
Mr.. Clarke had said TO him.
A crisis has been reached in the Dock
Board investigation Mr.. Clarke has a mass Of
evidence in shape for the grand jury. These
things are expected within the next week:
consideration by the grand jury Of the
criminal charges against the old commissioners
cancellation by Controller Grout of the
leases held by the New-York Contracting and
Trucking Company.
Summary punishment Of Frederick r. Killeen.
bookkeeper for the New-York Contracting and
Trucking Company, for failure to produce the
books on the request of the grand jury.
1t was learned last night that Mr.. Clarke had
asked Justice Mayer for a subpoena for John j.
Murphy. Justice Mayer said that he would not
issue a subpoena until Justice Bischoff of the
Supreme Court. had disposed of the application
by counsel for John Fleming for a writ of pro-
hibition, shutting off all investigation of the old
Dock Board.
Justice Bischof is the only Supreme Court
justice in this county whose term will expire
this year. He is a candidate for denomination.
He is thus placed in a rather extraordinary po-
sition
Mr. Clarke is in favor of taking summary ac-
ton against the New-York Contracting and
Trucking Company
''Gaffney cannot appeal from the decision of
Justice Mayer holding him for trial." said Mr..
Clarke HE must go TO trial. The best thing
for the city to do now is for Controller Grout to
cancel the leases OF the New-York Contracting
and Trucking Company. with Justice Mayors
decision a basis for his action II the lessees
don't get off the piers the city should serve them
just as Charles F. N1urphys friends served Mrs.
Shook when they wanted her bathhouse-go and
pull their dumping boards off the piers. The old
board had no legal warrant for their action as
they afterward confessed Judgment on account
of their illegal course. Now, however the city
is legally justified in such a course Our hands
are tied until Justice BisChoff hands down
decision in the Fleming case. I have no fault
to find with Justice Mayors decision think 1t
was broad and fair and strictly on the law
There is no doubt whatever in the minds Of
every one conversant with the case that John J.
Murphy knew perfectly we'll what was going on
when his partner obtained the lease We can
not prove that he had such knowledge. however.
and, luckily for Mr.. Murphy. he cannot be
held"
Alderman Gaffney was accompanied to court
yesterday by Senator George ". PlunIitt, his
bondsmap. ex-Alderman Patrick II. Keahon,
and his counsel James A. Deering. Justice
Mayer read his decision. which in part is as fol-
lows;
AS far back as ls4s it was provided in An Act
as follows:
and no member of the common Council head
OF department. chief of bureau. deputy thereof.
or clerk therein, other officer OF said corpora
any contract. work or business, the sale OF any
article. the expense. price or consideration OF
assessment levied by any act or ordinance OF the
estate or ohr rperR ON e fo 6 Or any 5ea
ton or which shall be sold for taxes assess
It is clear that the legislature regarded as not
eineacfous statute which would merely prohibit
contracts with the city The mere forfeiture Of
an Illegal contract after action in the courts
money loss. was evidently regarded as not sufficent
PSna{y pen & against the wrongdoers and therefore for
the knowing acquisition OF an interest was made
provided under which the fiscal officer of the civ
could in the exercise OF just discretion AT once
Thus section 1M OF Chapter 3S6 Of the Laws OF
1858 was enacted. and as thus enacted has been
C9nsoldation act and the New-York charter
-, If city officer knowingly acquires an interest.
the punishment, as for a miSdemeanor, falls upon
MN oy virtue OF his own act SO that the word