New-York tribune., 1906-05-11
COT 40 DUMP MONEY
,rFAGHER'S GOLD BRICK %
ro-,ractOr Says He Neuer Got
$4,000 Paid by Kennedy.

-. .,,vnrisinE feature OF the investigation
- street. Cleaning Department yesterday was
q LEGATION by Matthew T. Measher' q Brooklyn
ne - - who was supposed 20 control dumping
coDu-. - BROOKLYN that $4,000 paid by Milton
Til'..5-.sv 10 Luke D. Stapleton and Samuel NJ
y 80 --i,l, The understanding that IL was to go
cl..-ber FOR his dumping privilege never reached
e sS =, all Stapleton kept $500 Of II as a fee.
- according what was told yesterday Gar
ano' or dead kept the remainder, s25,crO.
ffo+ ,s,o rerhaps on account OF possession
.,o,e valid claim TO the dump than any one,
- 80 If the money Following is the testimony
! g. ...,rh, out by Mr.. WINS yesterday with
S-..obe- or the stand:
nd Won receive any Of the s25ocO that went TO
9as fo5 5g dgR a99RR6rf5e 5 Mr. Garrison to dspOse OF
= -jChts in the dumps? A-No-
-. ssia he had no knowledge OF the sale OF
",.-- - tights and had continued TO use them.
-. mai 90 was in the nature OF a fake?"
Lied Mr. Ivins
l1.-s.- testifed that he had never authorized
s..--,stop 10 sell the rights of the dumps He
y, ,sev were not worth thirty cents. because
'-.,.,ss 10 use them and never relinquished my
sghts" .....-.o,.. AZ WINS said he
so.sed 10 turn the data in HIS possession over
=. -. T1,tr;o- Attorney OF Kings County with the
- - bszine criminal action taken
e - ,ba opening Of the session Mr.. WINS sai6
s-- D .re rresent he did not intend to cali either
ll.,o- Nocarren o. Anthony \. Brady. Contlnu-
hg he said;
- that senator McCarren has committed TED
Iea Sc ne % net need Senator McCarren. but
q .Ss nurpose o. the record we may nave 70 catt
q s!seT s,SsT sources cur We shall not cal him.
-. sssn Yesterday Senator McCarren refused
s..,nss ANYTHING relating to the Street Cleaning
D,,,sr.eRt Investigation. He said he might make
/, statement later
,,.-,,n a I5ttIeton, ex-Borough President Of
,..sIvn ssid that he was retained by H Milton
-.,,a6r 70 help the latter out Of his difhculty
= Anthony y Brady During his negotiations.
!. ri,ness said, Kennedy told him that Brady had
- that there was 10 be deducted from his share
:, sum OF S25eyo Asked about the S250oo deduc-
toB NJ Littleton said he considered it a political
4 slcanon Nj WINS asked:
o-what was the obligation? Al don't know
ftSt vas the trouble with il.
/ 'b-n5d not Mr. Brady tell you ii was an obliga-
s.Tk be did but J can't recall the exact language.
4 o-Fou understood that the money was to go to
oT s nst M'SsTfdi ea5ed in fat Eay SS " 'h0u
o-Was there an agreement reached between
Z pTsdy and Kennedy by which the obligation to
VccarTsn should be assumed by Brady? A.-No.
4 Q-Did you claim that the $4,000 was unjust? I?
probably Characterized il as political strike in
fhe heat OF controversy
Luke stapleton testified that he had business
relations with Nj Kennedy as counsel for Morton
before the Board Of Estimate. and favored that of
MtsghsF He said he did it for the best interests
ui the city Mr Stspleton explained that later
hE client was anxious TO get out OF the contract
and Kennedy was anxious TO get in Mr. Kennedy
agreed to take Meagher's dumps and pay for them.
and then he drew UP the agreement to that effect
TIE title in the dumps of his clients Mr. staple-
iou explained, was option lease merely from
fhe freehold owner. Witness had no personal
EnoEsdge Of the available dumping places in
Brooklyn Mr. Stapleton said that he got a judg-
NEAT against the city for Mr Garrison for breach
q his garbage contract. He did this he said after
n hsa Iesigned as Assistant Corporation Counsel
Borough President Coler then took the stand He
H tsatl5ed that he Controller when the Kennedy
eaaraa came before the Board OF Estimate. Asked
& ne American Railway Trafnc Company was liv-
g Up 10 its contract M Coler said il was not IL,
+ i2i the contract provides for brick and iron
a11ctures. closed in. and for night removals which
Ee not complied with, and none of the structures
Ie closed N. He said that picking was being
core AZ the F1a;bush avenue station.
several Photograph made by Mr.. Coer were nro,
elee1, showing that the stations as built have nc
resemblance 10 the structures called for under tbe
fsoglslons Of the Kennedy contract. At the Eas
& s&s@ J ork station the structure is built of CORFU
sssSa iron and is practically inclosed.
=, that IS the best station they have continued
No., y, SoleI Here II is near The Brooklyn RAPID
we're nor incloEed ale9 would aeet their employees
Then you mean TO say said Mr Wins. tina
N-Ie their own interests are concerned they builr
Eye stations but care nothing about the weIfar,
" L1e community elsewhere
ffecise.y. replied Mr. Coler.
Af Coler said he had written to Controller Met,
aEng him 70 hold up payments 70 the American
lliWsy TRAFFIC Company until the provisions OF
e contract were complied with, and that If the
enpsny did not comply with the contract that h,
F'ud bring suit
shoulo the American Railway Trafic Conpan,
.-ase 10 90 on with the contract what would
9foohlyn do2' asked Mr WINS
Il has resources replied Mr. CoIer 1T would
-o' lie down for little thing like that: It Nigh,
gel the coney Island & Brooklyn Railroad Com
Bany 10 DO the work"
ASKED II The city was not in the power Of the
Ril: --' No''-
would hold them up on their franchise. The
.E mas club and has right 10 use it as well
q the company
Al hano Tas asked by Mr. WINS II he had any
oo-ot about the $4,000 payment for the BROOKLYN
o1ltlaet being an indictable offence and Mr. Rand
'-ia ne had M WINS said:
nave doubt of its being an indictable offence
~ nave no Doubt that il would constitute a rea-
% ior revoking the contract"
-i- Rand when asked later If he considered the
- transaction as abrogating the American Rail
- laalnc Company with the city said:
- s question Of law: the contract Is not void
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