The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-20
JOHN DOE DOCK QUIZ HELD UP
TiNN4NI PLAYING FOR DELAY
TIL AFTER ELECTION.
Witness 10 Case OF y DOet Ored Lease ami
Falsifed Records WIN Decline 10 Ties.
Try and the Courts Can't Force lin,

Falsired Records WIN Decline TO Tes.
Try and the Courts Can't Force lin,
to the stand TIN Oct 0ber, Anyway.
A move TO stop or delay District Attor-
ney Jeromes John Doe investi CATION into
the Van Wyck Dock Board was made yes
,etuay by ex-senator Thomas &. O'Sulli-
van. acting as counsel for Joseph Egan
who had been subppnaed to testify at the
hearing before Justice Mayer. Mr.. O'Sulli-
van appeared for his client and notified
the District Attorney and Justice Mayer
that he had directed Egan not to testify
so that the validity Of u John Doe pro-
ceetling may be test ed in the courts. The
proceeding was then adjourned until
Monday.
Egan will be arrested for contempt OF
court in failing to appear His lawyer will
then take out writ of habeas corpus. If
he should lose in the Supreme Court he will
take the case 10 the Appellate Division.
As that body adjourned Yesterday. net 70
meet again until October. the course of the
inquiry will in any event he halted 30 far
~ the unwilling witnesses are concerned;
and possibly these tactics may be multi
piled, the District Attorney thinks, to carry
the investigation over until after election.
1t was intended that the inquiry before
Justice Mayer should be in camera. and
the District Attorney was prepared to
question Egan as the first witness. Other
unwilling witnesses he meant to call later
were all the members Of the Van Wyck
Dock Board-Charles f. Murphy, Peter
+, Meyer and j. Sergeant Cram.
The legality OF a John Doe proceeding
was questioned in the case of Jesse Levi
sohn. who was called in such an inquiry
and asked if he had ever been in the house
of Richard Garfield, at East Forty-fourth
street He declined to answer and was
arrested for contempt. Justice Scott de-
cided that he must answer the question.
Edward lauterbach got stay while he
took the question to the Appellate Division.
On March 9 the Appellate Division de-
cided that he need not answer, on the broad
ground that the answer tended to incrimi-
nate him. Five other points had been
made by Mr. I.ewisohn's counsel. but Justice
Laughlin. in the prevailing opinion OF the
court, said that the court had not gone into
them, pIeferring to base its conclusions on
the privilege Of the witness. The District
Attorneys appeal from that decision is
now before the Court Of Appeals.
Mr.. O'Sulliran will argue his case upon
the point Of the legality of a proceeding
before Justice Of Special Sessions par
taking Of the character of Grand Jury in
QUESTION. He represents Egan in the civil
action which the city has brought to cancel
the lease of the bulkhead ut the foot of West
Twenty eighth street on the ground Of con-
spiracy and fraud.
Joseph Egan and Michael Egan are the
two witnesses who were to have been heard
yesterday. Both. II was understood would
be unwilling witnesses, but the District At
torney thought from the evidence in his
admit, backed by the testimony which he
can produce, would result in the indictment
OF certain officials Of the old Dock De-
partmeHt.
been subp"naed yet. Friends OF Mr
Murphy said Yesterday that be resented
the report that he and Ms Cram ill.,
tended to put all the responsibility for
the acts of the old board on Mr.. Meyer,
who was the head Of the board. but is no
Mr. Murphy's friends declared that he was
prepared to meet the full accountability
for all his acts as Commissioner and that he
would not plead that he had been Ill and alb
sent during most of 1851.
Mr.. o Sullivan. who appeared for Fgan
Yesterday, Is attorney for the New York
Contracting and Carting Company, of which
John j. Murphy, brother OF Charles F.
Murphy, is the president and Of which
GaSey e Is ssore James
Eighteenth district. OF which Charles F.
Murphy IL the leader, his name appeared Al
stakeholder in the company As an Alder
man he could not be stockholder in
company Interested in city contracts.
OF the company. When Alderman Gaffney
was asked one day who F.. l. Gaflney il he
with him."
Nj 0'sulnvan is also att orney for Daniel
committee OF Tammany Hall. and for
Naughton Co.. the contracting firm OF
which Mr.. McMahon is a member. He
recently secured postponement .oftwenty
days In the action TO cancel Egan's lease.
Joseph Egan is an employee Of William
Wyck Dock Board. After the election OF
1901 he fled an application for the lease OF a
bulkhead between Twenty-seventh and
Twenty eighth streets on the North River |
near there for freight yard, and that fact
would make this bulkhead valuable Egan
got three years lease.
The minutes OF the Dock Board we're after |
ward falsifed. 1t is alleged, 40 az to make
the lease for thirty years instead Of three.
the bulkhead between fwenty-eighth and
Twent ninth streets. it having been dis |
closed that the Erie had bought tho block 4,
further up instead OF that first indicated |
The rental figures in the lease were changed |
from 81 5o to $3.50. The Corporation Coun-
sci in his suit alleges that the lease is worth |
upward Of $4,000 a year.
Michael Egan, who is a lawyer with Of |
fees at 27l Broadway. got lease for the |!
West Thirty-ninth street pier at a small |
figure, after A. G. Chenowth had offered !
a much larger price for the lease. Egan |
pays 81, $50 a wear Mr.. Chenowith got a |
lease under the Low administration for |
"a. $50.
OFFERED WAYLES $50