New-York tribune., 1907-04-19
.HEARN NOT ON STAND.
DISOBEYS SUBPOENA.
None Of Borough Presidents STAFF
4ppearS at Hearing.

Taious witnesses testified yesterday al the in
oirry that the Commissioners Of Accounts are con-
scting into the charge that Borough President
Abearn's employees have allowed city pavements 10
remain in dsgTaceful condition for an indefinite
period.
From 30 10 60 per cent Of the asphalted blocks in
Manhattan have holes and ruts the existence Of
which are reproach 10 those responsible for main-
tenance
Borough President Ahearn and his immediate
Ofcs stan supposed 10 be responsible for the main
tenance Of the payements. refused to obey the
subp9nas summoning them 10 the inquiry yester-
DAY.
Mayor Mcclellan said the Corporation Counsel
hsd in hand The matter OF compelling witnesses to
testify Ar. Ellison was IN Canada attending the
funeral q relative. He viii not return till Mon
day. The investigation will go on without Mr.
Ahearn for the present Commissioners Hertle md
Won skal presided yesterday In opening. John Pur-
roy Mitchell, the Assistant Corporation Counsel in
charge of the investigation, said:
when we started last Monday we were con-
frohfed with the proposition that you had no juris-
6lction. This examination was brought on at the
request CT the Borough President himself and vet
le declined TO appear when invited and now / call
on you 70 cali other witnesses"
Here the commissioners called George F. Scan
nell. William II. Walker and several others 10 take
the stand, blt none OF them responded TO their
names
Martin Y. Littleton counsel for Mr. Ahearn. said
he had received notice that he would not be allowed
70 examine Witnesses. He said he did not think IL
fair 10 put witnesses for the defence on the
stand first.
WOW" continued Mr.. IAttleton. I want to know
ny status"
Mr.. Mitchell said
This is a purely ex-parte proceeding. There Is no
defendant and there is no plaintiff and there is no
need OF counsel for the witness. I consider that
M Ahearn has forfeited his right 10 be represented
By counsel since he refused 10 appear"
Mr.. Litteton said:
You served an informal notice On Mr.. Ahearn
and following that has come subpoena TO appear
here on April % next. AIr Ahearn does not stand
any breach Of this commission, for the subpoena
calls for appearance the 2Sth and that date has
not arrived Mr.. Mitchell stands without precedent
to-day. If you ask me what right he has to be
unless you allow counsel for Mr. Ahearn 10 be here.
1885, 1oSs -, GllSsLl Ie2!eseHL me ,SlayoTE Does ne
IepeseLl me corporation Connsel? If so. then the
Corporation Counsel is much counsel for the
Borough President for the Mayor. II this is
% 6e a farce, then you should allow the defendant
10 be represented by counsel
teton, now that I have the record OF the com
mission viii throw the door open and sit here
ask IS that Nj AheaTn be treated as a white man
The commissioners denied MI Lttleton's motion
70 examine witnesses.
Frederick B. Deberard. representing the Mer-
testified thar the Merchants Association began
streets in August 1904 He said that the the
inyestigaton disclosed many holes in the
pavement. AS result the association Informed
me Borough President Of the condition of the
streets and Mr. Ahearn wrote in reply that he
would take the matter up. The Borough President
the witness added. neglected TO do this and the
streets remained in bad condition. A year later
ne association sent report to the Borough Presi-
esnt OF the condition of the asphalt paVements
Next the association wrote 10 the Mayor concern-
.lg the matter. according 20 the witness and the
Mayer promised to give II his earnest consideration.
A the opening Of the afternoon session COM
missioner Hertle, addressing Mr.. Mitchell. said:
The commission believes that applications for
warrants should be made TO the court for those
witnesses who have been summoned here and vao
have ignored the notice"
Mr.. Mitchell said the Corporation Counsel would
attend 20 the matter
Several other witnesses testified 10 the bad condi-
non or the streets. An adjournment then
taken until this morning.