The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-07-30
WITNESSES DEFY PROBERS
JERSEY SCHOOL GRAFT QUEST
SUDDENLY HALTED.
Coansel Advises witnesses That the In
SesiiEasinE Committee u LegaiD
Dad Committee Miii Try tn Have
BaIkIn witnesses sent To Prison

| Uean-aommntee wiz Trt 10 hhN'
BaIkIn9 witnesses sent To Prison.
Register Of Deeds John J Mcmahon of
Hudson county. the Democratic Pooh bah
Of North Bergen and eN-Township
Treasurer. who on July II CAV. the special
SpnAte COMMITTEE. investigating the
Affairs Of the public schools of New Jer-
sey much yalnabl. inEid. information
concerning some curious real estate deals
In which he negotiated the sale of school
sites TO the township. declared up and down
to the school probers at an adjourned
hearing In tn. North Bergen Town Hall
yesterday that he wouldn't answer any
more questions. other witnesses under
subpoena also refused. They did this on
tho ariSioe Of counsel. who had ass,real
them tina, the COMMITTEES was officially
dead. having oeAsei to exist the ,momeut
that the senate which created IL al
iourned sine die.
Joseph y. Frelinghuysen. President II
the senate and chairman OF the COM
mittes and his colleagues. knew what
was going TO happen and had secured an
opinion from Assistant Attorney General
Nelson b. Gaskill a. to their power to
compel witnesses To answer questions
pertinent 90 the purposes Of the commits
sion and the proper method OF compelling
them. Mr.. Gaskill said that refusal TO
answer proper questions was (. mis-
demeanor
Their. seems 10 he under the statutes
no power To punish for contempt. he said.
and the process established in case of
refusal to appear. to be sworn or to answer
a pertinent question lies through crimi-
nal prosecution. for which the statute
provides an appropriate remedy"
E1-MAyor Francis II. McCauley OF
Weehawksn. township attorney Of North
Bergen and personal counsel for Mcmahon
and other witnesses. and former Congress
man Eugene W. Leake. counsel for John
DAILY. the court house constable who
bought siHty-eight lots from Henry Brill
for $4,000. sold eighteen Of the lots to
the North Bergen Board Of Education
for So, 500 and turned the balance over TO
his friend McMAhon in exchange for "a
demand note on which nothing was paid.
didn'. take any stock in the Assistant
Attorney Generals opinion and he said
80 very emphatically.
A. the conclusion OF the hearing Sen or
Frelin ghuysen, who would like TO lie the
Republican candidate for Governor; Se n
stor George Silver. who il willing To he
the Democratic candidate for the same
job: Judge William n Morrow and Assist
ant STAT. Superintendent Of schools |
Joseph Brognard Belts went to the Prose !
ciItor's Office IN Jersey city accompanied |
by John y Murray, counsel To the com |
mission They had a conference with /
Assistant Prosecutor George I NiCker- .
regarding the refusal 81 McNlahon and .
the others To tell things and announced |
their intention ~ beginning criminal pro.
Ceedings
senator Frelin ghuysen promised to send
the Prosecutor a copy Of the record Of the
North Bergen bearings. and 10 IL expected
that at an early date complaints will be
sworn out and the Grand Jury will b.
asked 20 IndiCt A person convicted Of a
IN New Jersey can b. sent
TO state prison for term % three years.
A soon a. the commission started to
probe former Congressman Leake asked
FOR permission - counsel ii John DAILY To-
read a statement.
My opinion IS he began with a per
fectly straight face. that this committee
il a dead one IN has no power either to
subpRna Witnesses or ask questions. II
il suffering from suspended animation.
The e1-Congressman talked hack sew
eral times and Judge Morrow finally
said: This man comee here and defes
this committee ! would suggest that hs
should retire
Constable DAILY then took the oath and
after replying To a few unimportant uues-
tons decided that he wouldn't answer any
more Il decline TO answer he ex-
planned" because one Of the Judges Of
the courts said a crime had been COM
mitted
DO YOU mean 20 say asked Mr. !
that you won't answer because
IL would lncrminate your
MIR Leake whispered something TO the
witness and Mr. Murray said III MIR
Ieake Persists ] shall ask for the APP
poiniment Of a sergeant -at-arms and have
him ejected
n a sergeant at arms should Law his
hands on me. Mr. lseaks replied 4
would start suit against him within the
hour
After repeated refiIsals on the part of
DAILY to tell about his con nection with
school site transactions senator Pre-
inghuyzen said he wish cd To inform
he witness that the com mittee would
make q complaint at the Prosecutors
Dtfi,e
John J MoAIAhon Wa put through A
ong examination until he refused TO
answer further questions John Mueller.
iresI is1t ot the Bpgrt Of EiuoA,iou
ko baked 40 "A witness as did James
bnn-lly. s-.rch.r AZ IN" County
registers Office.
The COMMITTEES was Obliged 10 adjourn
or want of anything Ia do.