New-York tribune., 1903-07-09
THEIR PLAN TO ESCAPE.
ONLY STOCKHOLDERS.
Many Interested in City Contracts
Sag Gafneg and Murphy.

Alderman James E. Gaffney and ex-Council
man John ]. Murphy, arrested for alleged mis-
demeanor in soliciting and securing pier lease
while they city officials in 1901, will try to
evade punishment technicality OF the law.
James A. Deering and Peter Hendrick, their
counsel, before Justice Mayer yesterday, argued
at length that the defendants were not punish
able because they were not directly benefited by
the lease of the pier-that is. that as stock
holders merely they had only an interest in the
profits of the concern. and were not directly
benefited Mr.. Deering argued at length for the
dismissal of the case. the ground of INSULT
cient proof to warrant a continuance of the
prosecution
Assistant District Attorney Clarke drove
straight to the marrow of the matter
mfr. Dee ngs forty years experience as a
real estate and corporation lawyer" said Mr.
Clarke. "has emnently fitted him to extract
from any enactment of the legislature every
scintilla of meaning intended by it's author We
must construe the law broadly and reasonably
It was intended to prevent evils. Justice Dan
els says it is highly salutary in its restrictive
character; that it is intended to harmonize duty
with self-interest If it means anything it
means that man cannot draw salary an
alderman and make money out of pier leases at
the same time Both of these defendants had
contracts with the c'ty as city officials They
had no right to make any other contract with
the city at that time. My learned friend here
has talked for two hours, and never once
touched on the real purpose of the law. The law
says that if city official knowingly enters into
a contract with the city he is guilty of mis-
demeanor. We will show your honor, if it is
proper to mention it at this time that this com
pany, instead of being called the New York
Contracting and Trucking Company, should be
called the Gaffney & Murphy Company, they
the two principal stockholders in it"
TRIED TO AVOID THE POINT,
"Oh, now" said Mr. Deering, I'VE. object to
what he is going to show. That point is not
under discussion at all at this time"
Counsel for the defendants attempted a flank
movement on Mr.. Clarke by asking that he be
compelled to take the stand and tell how the
newspapers came into possession of so much in
formation about the inside workings of the Dis
trict Attorneys office. and about the witnesses
examined in the inquiry into the Dock Depart
ment affairs In this connection Mr. Deering
read a statement, which In part follows:
Before proceeding answer the specific offence
Of msdemeanor charged i'll the warrant the de
PENDANTS desire respectfully to call the attention OF
protest against the unprecedented course pursued
to their prejudice by the District Attorney prior TO
and since the warrant was issued. Methods here
tofore unusual and extraordinary the part of a
public prosecutor or dnN law o1Cer or this state
have been adopted TO prejudice the public Judgment
and the judgment of the court. and thereby to de-
feat or obstruct the orderly and impartial ad-
ministraton of the law. If the public print has not
absolutely misstated the of its information,
the District Attorney and his assistant have pro
claimed publicly from day 10 day for than a
month past and expressly for publication in all the
daily newspapers variety of charges of more or
less criminal misconduct, and their personal belief
conclusions and surmises as TO the defendant $
violation Of the penal law. They have from day to
day furnished TO the public press statements,
garbled or distorted TO the official and private
conduct affairs and acts of the defendants and
their business relations TO this city and to in
divduals, the evident purpose of which has been to
create adverse public sentiment and 10 lead the
public to believe in advance Of formal accusation
or trial that the defendants have offended not
solely against single section of the charter, as
charged, but against numerous provisions of the
Penal Code