The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-11
KICKS FOR AQUEDUCT BOARD.
CIRCUIT SAYS THE JOHN DOE QUIZ
HURTS HIS SENSE OF JUSTICE.

Protests as a Citizen Against tho "Un'
lawful and Dangerous Procedure
Followed by tho District Attorney
Secs Nothing Wrong I'm the Board,
Comptroller Grout, who is ex-officio a
member Of the Aqueduct Board, fired a
broadside at the District Attorney and
Justice Mayer yesterday. He said:
1t seems to me that NJ rs time for somebody
to call attention to the unlawful and dan zero us
procedure followed by the District Attorney
and the Magistrate in the criminal proceed
ings pending against three Of the Aqueduct
Commissioners. Summonses have been
served upon these Commissioners entitled:
in tho criminal proceeding prosecuted
by the People Of the State of New York on
the information OF George r. Duval against
william H. Ten Eyck. John +. Windelph
and John j. Ryan" But withsta n ding
that nothing is more thoroughly settled In
the laws of this state. or In the history of
every EnGlish-speaking people. than that
all legal proceedings shall be public. this
legal proceeding is held In secret. and the
defendants are not allowed to be present
either in person or by counsel when the
witnesses against them are examined. and
have not chance to confront the witnesses
OF to cross-eXainine them.
As II this were not offence enough against
the laws OF this State. the complainant and
his representatives and agents are permitted
to be present, and each day Mt the close Of
the proceedings to detail by statements TO
testimony said to have been brought out at
the so-called hearing: Then, when the JUS
tees mi y ep 70 .ns o ne
the things which, il true. ought to have been
public throughout.
The whole thing Is an injustice and much more
dangerous aS q public offence than the sum
total Of all the things charged against the
AQueduct Commissioners. | protest against
II as a citizen and as a member OF the bar.
and the press Of this city. watchful of the
rights Of the people, ought not to permit such
oppressive and unlawful legal proceedings
to continue.
There ia absolutely no warrant OF law for
the conduct of this proceeding In the manner
In which II Is now conducted. | know OF
nothing more danseToms TO the community
criminal proceedings.
do not say this in defence of the Aqueduct
Commissioners or the contrary. Not know
ing ANYTHING authoritative az to the specific
things which are charged and said 10 be testi,
fed to. l cannot undertake either to defend
or to condemn. IL hurts my sense of JUS
should be created and fed by unauthorized
gossip Of what is testified TO In the unlawful
and unauthorized secret proceedings. No
mum reputation IT saiO u"uei 9"'" p'"-
As long as / say anything. however. con:
cerninK the Aqueduct Commission. II would
to say this much ! entered that commits
slon a year and a half ago an entire stranger
to the Commissioners and ! have seen moth
ship there TO indicate TO me the sli shtest
suspicion Of their integrity or desire to per-
form their official duties properly. and
may add. Of their capacity 10 perform them
They may have made some mistake. just
as any one Ia likely to do in any business.
but it remains to be proved to me that, during
any mistakes of moment. OF course. |
speak only of the time Of which have per
sonal knowledge. IN any event, all acc,lsa-
tions should be heard and all testimony given
In public.
Justice Mayer read what Comptroller
Grout had to say.
what have said of the Dock Board
inquiry is true Of the Aqueduct inquiry.
too" said the Justice. until there is
evidence of crime justifying the issue Of
warrants the proceeding cannot lawfully
be conducted in public.
In reply to Black, Olcott, Gruber 4
Bonynge, counsel for the three Aqueduct
Commissioners whose official conduct ia
being inquired into and on behalf of whom
the LAWYERS asked that Assistant District
Attorney Train should disolaim some state
ments in the newspapers purporting to
come from him and deny that he had ex-
pressed prajudgment of the case, District
Attorney Jerome has written letter, In
part as follows:
The attitude OF my ONCE in regard to this
inquiry ia simply that OF seeking to be In
formed whether or not crime has been
committed Neither Mr.. Train nor myself
have expressed any opinions "a to the
criminality Of either OF the three Commits
sioners.
have made II rule, and one from which
I have never departed. not to contradict
ANYTHING Of any kind published In the news
papers. see no reason in this case to de-
ire thnyr ula