The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-09
GAFFNEYAND MURPHYP PROTEST
,cayNST JEROME'S TALKS ABOUT
DOCK GRAFT.
,ounsei Ask for Dismissal OF Misdemeanor
charges for Lack or Eyidcnoe-De-
c,sion Reserved elizabeth I. CARNEY,
the AIderman's WIFE. Subp@naed.

the Alderman's WIFE. Subp@naed.
A protest against the conduct of the
instr ic Attorney was the first act OF counsel
,or Alderman James Il. Gaffney and ex-
councilman John j. Murphy, brother OF
Leader Murphy Of Tammany. when the
attendants were arraigned before Justice
Naycr in Special Sessions at o'clock yes
,ordav afternoon on the charge of violating
Saction 1888 of the Charter, which pro-
bibts member of the Municipal Assembly
from having a direct or indirect interest in
civ contracts. Attorney Deering passed
nm 70 the Court paper in which he alleged
that the course pursued by the District
Attorney before and after the issuing OF
III. warrant had been to the prejudice OF
tho defendants with the public and the
coIrts, and tended to obstruct the orderly
and impartial administration OF the law.
The District Attorney and his assistant,
the protest said, had furnished to the press
a variety Of charges Of criminal miscon-
duct Further the protest said:
The defendants while they may not. and
do NOT, ask any indulgence because they have
heen singled ont from the numerous public
nflcers who are now, or have been trustees.
directors or ockholders of the many cor
r"rations. business, financial. railroad or
n,h%rwise. having contracts or leases from
he city to plead to the charge Of a INSIDE
ncanor in having a direct or indirect interest
herein because stockholders. officers or
directors of M insignificant company, al
though they as city officers took no part in
rs making nevertheless believe that for
,hs reason they should be protected by this
rorrt so far as it has the power TO protect
them. from the apparently studied. un-
rsual and persistent efforts of the public
prosecutor TO prejudice not only the ludg"
nent Of the court. but also Of any jury which
NAV hereafter be called upon to try the spe,-
rifc offence, now charged, or any other which
Inc misguided energy or the official power
Of the public prosecutor may prompt him to
bring against them.
protest now made and entered of record
Would be sufficient 70 bring the District
torney TO rfaiizat,on, ana TO t nec ppaSd
rules OF official or professional conduct in
me prosecution of the charge against them.
hey would not deem it necessary for them
IN appeal as they do now to the power OF
This court In it's control OF the conduct Of
attorneys before it to secure a fair and orderly
procedure. Persistence in tactics whlch
he Supreme Court has 50 recently condemned
Ms reprehensible leads to the conclusion that
The mere filing of a protest would he OF no
avail The defendants therefore ask this
inherent power, to control the conduct OF
attorneys practicng before 1t, ana before
proceeding further under the warrant In this
action 10 take coGnaance of the acts and
practice complained Of, and to enforce an
observance by the District Attorney and his
assistant, Mr. Clarke, of those established
rules of fair and Just procedure which have
been deemed essential from time immemorial
10 secure to every citizen equal protection
and Justice,
Justice Mayer said that the warrants
had been served and that he was not in
position to caution the District Attorney.
He remarked that in the Aqueduct inquiry
he had felt called upon to instruct one OF
Mr. Jerome's young men not to talk too
freely 10 the newspapers
Mr.. Clarke said he had made no assertion
that was not open to proof from the public
records and after a little wrangle the at
torncys dropped that dispute, and the at
torneys for Messrs. Murphy and Gaffney
opened the argument for the dismissal
Of the charges on the ground that the evil
,lence was insufficient. The specific accusa-
rion against the defendants is that while
Galfney was an Alderman and Murphy
Councilman they were Interested i'll the
New York Contracting and Trucking Com
pnnv which got pier lease from the Dock
Board,
7, was past Justice Mayors time for
dinner when the lawyers got through
He instructed them to hand in briefs on
Saturday, and said he would at that time
announce when he would he prepared
to decide the question
Earlier in the day the District Attorney
heard some witnesses in the Dock Board
,
made public, who told the District Attorney
that while he was trying to get dock leases
a prominent politician called on him and
il was arranged that he should have certain
privileges if he put five friends OF the poll
'cian on his payroll for 81 600 a year each.
They were not to do any work Negotia-
tnns fell through.
The subpoena issued for Elizabeth l.
Gaffney. wife of Alderman Gafney. was
returned with the information that she
vas out of the city for the summer. f.
| taffney is given as the name Of the secre-
'arv of the New York Contracting and
Trucking Company
Mrs William II Burke, wife Of the for
NOR secretary Of the Dock Board, testified
hat she had 1900 invested in the bath
houses at the foot Of West i49th street.
Tho Murphy Dock Board issued the lease
for ten years at 5000 year She said that
joseph Egan, who has some dock leases,
was bookkeeper for her husband at sl5
a week The examination OF Secretary
y. Il LII, auth in no