New-York tribune., 1910-08-30
%EM TRIAL BEGINS
proceedings Halted to Determine
RuSSe!I's Condition.

Albany, Aug. 29-For the n,,rnose of
taxing testimony as to the mental condi-
ton OF John 3. Russell. of Mount Vernon
president of the Russell Contracting Com
pany, of New York City, the trial of the
htst OF the seventeen indictments against
FREDERICK Skene. of Long Island City. on
charges of irregularities in connection with
the awarding of good road contracts dur
ing Skene'S administration as State En-
glneer and Surveyor, in 1907 and 1908. was
adjourned to-day until tomorrow at $50
q. m by Supreme Court Justice H. g.
Conan
Shehe was indicted with certain officials
VINO served in his department and con-
tractors The first Indictment, which was
moved for trial to-day by Attorney Cen
erai . Malley. who, with Deputies Brong
and Fowler, will present the evidence to
'ile grand jury, charges Skene and Russell
with grand larceny first degree. it being al
legged that the s61.S57 bid of the Russell
Contracting Company on road No. 437, in
Nassau County, was raised 5000
Skene was represented by William T
Jerome, of New York. former District At
torney: Jacob L. Ten Eyck, of Albany
and Frederick Wadharns. secretary OF the
State Bar Association. In recent petition
to the court he named Charles f Murphy
leader of Tammany Hall; William J. Con-
ners eX-chairrlan of the Democratic State
headquarters in Albany, and William Fitz-
patrick, Of Buffalo as among those whom
lie had suggested might have been sum
noned before the grand jury. The charges
on which the indictments were based were
presented by William r. Hearst.
When Mr. Brong moved the trial of the
first Indictment Mr.. Jerome objected. He
contenGed that Russell, co-defendsnt with
Skene. was material and absolutely
necessary witness. and could not be pres
ent In court at this time, being confined in
the River Crest Sanatoriun. at Astoria,
Long Island. suffering from a mental dis
ease He read an affidavit from Dr.. Ward
Sampsell, acting medical superintendent Of
the institution. stating that Russell was
not insane, but suffering from a temporary
nervous breakdown. Mr.. Jerome said he
was ready to proceed with the second in
dictment, and that. in Justice to his client.
the first indictment should not be pressed
al this time.
Mr.. Brong protested vigorously against a
postponement of the trial of the first indict-
ment- He said that Russell was suffering
from locomotor ataxia. and that he was
mentally competent to testify, but that it
was physically impossible for him to be in
court Either side can proceed without
his testimony he said. We will consent
to any arrangement whereby his testimony
can be taken"
Justice Conan held that an opportunity
should be given to determine whether Rus
sell could he brought into court. Mr..
Jerome asked that DR.. Sampsell be sub
poenaed 10 testify as to Russelrs condition.
Justice Conan then adjourned court until
tomorrow, when DR.. Sampsell is expected
TO testify concerning Russells condition
The second Indictment charges Skene and
John F. Clancy, a Long Island City con-
tractor. with grand larceny, first degree, it
being alleged that a bid Of sss,022 30 sub
initted by Clancy for construction Of the
Liberty-Jefferson road, in Sullivan County,
was raised $500. Clancy is represented by
former District Attorney John r Merrill,
Of Queens, and Peter 4. Delaney of AL
banV.