New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-12
HENRY INVOLVES ROE.
WENDEL IN COURT.
Court of inquiry Into Charges
against Captain Begins Work.


At the first meeting 81 the court OF inquiry into
the case Of Captain Louis Wendell Of the LIST Bat
terry in the armory IN West 66th street ycster-
day afternoon Adjutaut General Nelson II
Henry created sensation by reading carefully
prepared document to show that Major General
Charles F. Roe, commander OF the National
Guard. had ordered that Wendsrs resignation be
accepted. General Henry's order accepting the
resignation while charges of graft against
Wendell were before the grand jury was rescinded
by Governor Hughes. and tho present inquiry
ordered General Roe quoted subse-
QUently i'm a newspaper interview as saying that
ne had had nothing 10 do with the acceptance
of Captain Wenders resignation. and General
Henry refused To explain.
The court is composed OF Brgadier General
James II. Lloyd. commander OF the Third Brigade
of the Guard; Colonel George Fox OF the 74th
Regiment Buffalo and Colonel Charles Hitch
cock of Binghamton Major Lawyer, Of the Third
Brigade. named court recorder CeP-
tain Wendell appeared ct the inquiry with his
counsel. Colonel Alexander 5. Bacon.
Edward Martini, who formerly employed
engineer in the armory. and who was dis
charged by Captain Wendell testified that his
salary while assistant engineer had been - a
day. of which he had paid over half 70 Captain
Wendell making in all, he thought. a payment
Of S9Ss. He said that part Of the time he had
q a
He also said that partition had been removed
from the artnory 10 Fort Wendell.
Charles r. StriebeI. of No. 2069 BathEate ave-
nue., said he was engaged as engineer in the new
armory In West Goth street, ON March IS. 1908,
receiving 81 day. OF which 81 day was Co go
TO Captain Wendell The first payment he al
legged, made 10 the captain May 1 of that
year, and sucn payments were continued until
January. 1900
the partition taken To Fort Wendell l9+th street
and Amsterdam avenue. had been returned and
put I'm another place in the arlnory. and agreed
with Mr. Bacon that Captain Wendell had done
a service for the armory by storing the material
for a time. Witness said lie didn't know Whe-
Their the money alleged TO have been given 10
| tho captain had gone into the treasury of the
/ battery. Striebel also admitted that each man
in the battery paid Tor the keep Of his own
horse, and that all outsiders must have done the
same Striebel also said he had sworn before
/ Magistrate Crane that he had not seen liquor
sold in the armory. He had made the aflidavits
at the request of Captain Wendell because he
did not want to lose his position by refusing to
! DO so. he said.
at the time YOU testified before Judge Crane
YOU said YOU had not seen liquor sold i'm the
armory. Were YOU telling the truth or not2'
/ asked Mr.. Bacon AT the time Judge crane
J asked me l couldn't remember the witness
/ answered.
Your memory is all right now" Il guess it
! is better"
| William 5. Fuchs. who said he lived 1T No 30;
/ East Sbth street and brother-iu-laW To-
/ both Martini and Striehel, said he had no oCcU-
patton since he was discharged from the ar
mory about q week ago. First he had been
/ jauitor. and then laborer in the aTmory- ON
! July ~. l96. he was appointed 12utor, and
previously he had been ianit0r of the old
/ mory in West 44th street. from October l.
/ 1896 10 December n. 1900, when he was ra-
/ duced to a laborer AT 81 a day. He held the
latter position from January l. 1900 TO June
/ % 1891 when he retired While ianitor % the
old armory he received 81 a day. and alleges
! that he told by Captain Wendell that he
! must do the right thing" He testified that he
! had paid s. of his daily salary 10 Captain Wen
| del up to the time when he was reduced To the
! position of lahorer. when he stopped payinS
| anything In reply 10 the Judge advocate, he
/ said he had paid total of Sl,644.
Fuchs said he was induced to rent house
owned by Captain Wendell at KiHsSbridce Road
and Aqueduct avenue for which he paid S}i the
! first month and $40 month thereafter. ON
] hearsay. he testified he understood that he could
! have rented a similar house further down the
/ avenue for $50 month He had collected the
rent for the house for Captain Wendell when the
/ former tenant Mr.. Dunstan. occupied Il, and
! the latter had also paid $40 month His wife
! didn't like the house at first. hut she afterward
intimated that he had better take it. and he
/ thought his position in the armory and its
/ Curity had something To do with her change of
| mind.
| Fuchs said Mrs. Hungerford had boarded a
I horse in the armory. Witness declined to an
/ swer what had occurred at meeting the first
I Sunday in December. when asked by Mr. Bacon
The meeting took place AT Lieutenant NiColTs
| house in New Jersey. The lawyer reminded
! the witness that the court OF inquiry had all
! the powers Of any court to punish for con
! tempt and send witness 10 Jail He then adj
! united the names as the lawyer mentioned those
{ present, and characterized them as hostile To-
/ captain Nendel. including several women Wit
/ ness said the women talked about the captain.
When the court reconvened for the night ses-
/ sion Franz Groth discharged employee of the
I battery. called to the stand Groth testified
/ that he had been discharged by Captain Wendell
! on January for having engaged in street
| fight" Groth's version of the street fight was
/ that he had heen attacked and badly beaten by
/ persons unknown to him in 6ith street on the
night OF December 81. 1906 The alleged as
! sault committed about dusk
Witness testified that he had been hired on
October %, 1906 He said he first saw an
advertisement and went To the armory where
he applied for position He testified that he
talked with Charley Wendell. who told him
he would get So day. but of this 500 month
$50 was To he paid by him to a real estate firm
for house rent"
Groth said he was told he would have to pay
rent for a house at No. 29J Sth street Astoria
Long Island He said he never saw the house
He testified that he did not pay the $50 until
after ne had been lacked up by "CharIey'
Wendell and Captain Wendell told him. per