New-York tribune., 1903-07-18
SEEKS COURT FOR DELAY
FLEMING GETS An ORDER.
Old Dock Board Files Missing
Records Altered.

trict Attorney Marshall B. Clarke in charge
Of the inquiry into their queer ways of doing
business with order. returnable at 1O:30
O'Clock on Monday morning, before Justice
Scott to show cause why a writ of prohibition
should not be granted prohibiting further ex-
animation of John Fleming of the firm of
Brown & Fleming. In connection with the most
recent move of the old Dock Board for delay,
Mr. Clarke said:
have anticipated such a move because for
several days past Mr.. Kellogg has been calling
me on tne telephone and asking me not to eX-
anime MI Fleming, because he is moving his
family for the summer and couldn't be present
from the conversation 1 had with him | had
been LED to believe that there would be no pro-
Geeoing 10 prevent the examination of witnesses.
l believe however, that the real cause of this
action i Is que to the fact that yesterday
4inlhed James Hurley, formerly employe of
Brown & Fleming. as clerk. 1 examined him
as to the materials given to Brown & Fleming
ior the improvements of the summer homes of
Peter +. Meyer and Larry Delmour Hurley
told me that the stone furnished there had been
paid for in regular course of business and that
he had measured the stone, so that 1t could be
paid for regularly. I told Hurley that 1 was
going to subpoena the books. to see if he was
paid for.
I contend that the material furnished there
was gift and never paid for
am surprised at the action taken by Mr.
Kellogg, in view of the fact that when Fleming
was called as a witness he came to me and
said:
My son and you are friends You play golf
together. l wish you'd help out In this as
Huch as you can. | know ii Is a secret investi-
6atlon but want TO be at hand to advise my
client"
Mr.. Kellogg was not permitted to stay in the
room, but remained just outside the door, and
frequently Fleming consulted with him. 1 never
| thought he was there in the capacity of a spy
ana was seeking information TO be used against
the District Attorney.
Inc charge that I gave out information of a
secret nature is peculiar 1 noticed that the
newspapers the day following the examination
o ha from
happened before the justice Mr. Kellogg told
me repeatedly that he didn't have any objection
TO the fullest examination of his client and that
ne would help me in any way he could
notice that in the order served no stay is
granted and if Justice Mayer in town
could proceed at once
Mr.. Clarke said he spent Thursday afternoon
making a tour of he waterfront in a launch
Of this, he said:
have discovered that there is a MONOPOLY Of
the North River front Between Fifty-ninth-
st. and One-hundred-a thirty-third there
are only three dumps. These are at Seventy
tnrty-third SITS. Two of them are owned by
the New-York Contracting and Trucking Com
pany and the third by William L Kidney who
mas appeared as hgurehsad for this company
during this investigation.
L md, in looking the Dock Board files
th2t many letters are missing and that records
have been altered. specific case of this is:
On December II, 1901 the New-York Con-
5rg 55ractlng and Trucking Company applied for
dumping privilege at West Ninety y-sixth st On
december IL. in letter written by Secretary
William H. Burke, the application was denied
me ne aPpHcaton OF the comp my is not now on file.
ana oeLeVe 1t was removed for good cause.
Assemblyman McManus. accompanied by some
of his brothers, arrived at the Criminal Courts
Building about 1:30 a. m. yesterday in answer
to a subpoena He went at once to Mr.. Clarkes
office and was closeted with him. Mr. McManus
is supposed to have some flling-in contracts on
the West Side and Mr.. Clarke desires to ascer-
tain how he obtained them and what he Is
doing with them.
An order similar to that served on Mr. Clarke
was obtained from Justice Scott for Justice
Mayer, but was not served owing to Justice
Mayors absence from the city
L. Latin Kellogg. counsel for John Fleming,
said yesterday afternoon that he did not know
whether Charles F. Murphy had induced Flem-
ing to take the necessary steps to hold up the
Inquiry. Mr. Kellogg said:
OF course. the result Of these proceedings il
successful will be to stop The e, gat Oh. The
attitude of Tammany Hall. however, mas always
peen 10 DO nothing TO stop the INQUIRY The
papers themselves show that It IS 0irec ly n the
| interest of Brown & Fleming. and particularly
Of Mr.. Fleming, who is my special cl ent IN this
matter Other parties who have had their per-
sonal affairs inquired into in this matter have
expressed a desire to have this quest on tested
and, indeed, felt that the attitude of the D S.
trict Attorney was TO the same effect.
These parties (Tammany HalD have not par
pose have direct interest.
The proceedings at the present time were in
stigated by the act of the Distr ct Attorney YES
terday by the use of grand Jdry subpoena, in
calling one of Fleming's employees to the office
of the District Attorney, where he was ques-
toned closely, and after he had heen quest oned
his subpoena taken away from him
1 regret to hear that Mr.. Clarke has any fault
to find with my course in the matter. l had
converse ton with him this morn ng and abso-
lutely no complaint was made to me of any
fault of mine with the exception of the aller.-
ton in the papers relating to the talk of him
self and the District Attorney with the re-
porters.
Assistant District Attorney Clarke later said
he was still looking for William / Kidney. and
that he would like much to find him He saws
he has discovered a lot of addit onal evidence in
which Kidneys name figures. He did not state
the nature of the new evidence.
AS indicated more than once in The Tribune
the District Attorneys Office is getting uncom-
fortaby close to the men at the top The firm
of Brown & Fleming had close lie ations with
Charles F. Murphy and Frank ODonneu the
present treasurer of Tamme ny Hall. Mr.. O'Do.a-
nell will be attended to later. If anyth ne pain-
full happens to the old Dock Comm issioners it
is quite likely to be in connection with per-
mits which Brown & Fleming obtained. Later
after the partners quarrel.ed. the permits were
taken away from the firm and turned over to
Fleming alone. in the absence of Mr. Brown
from the meeting.
The prevailing impression is that nothing
that can be done now viii save the old com
rissioners and those WHO re -eived ce- ain favors
from them from the fullest invest gat on The
longer ii is put off the worse It will be for those
most interested.