New-York tribune., 1910-09-02
Say Payment to Skene Was Stopped

We probably will lee able TO establish
the division OF the plunder We will show
that the payment of the moneys actually
was made TO Sllene TO the extent of $4,000
when i was stopped.
We will endeavor to show that Skene
wanted Russell 10 advance him 5000 in
cash at the time the contract was awarded.
but Russell did not have the cash. Then
Skene wanted Russell 10 discount his note
for IS Gl0 Finally. Charles F. O'Neil. one
Of Mr.. Skene's trusted employees. went TO
New York at Skene's request and brought
back q note for the company for Ss,ep- III
the spring OF 1903 Skene gave this note 70
O-Neil and asked his aid in realizing on IL
O'Neil took the note to Troy. where he
succeeded in having it cashed- O'Neil
delivered this money 10 Skene. When the
note matured in October. 1905 il was not
paid. and went to protest
During this time the company was i'm
proving the road. ard at the end Of each
month drew from the state treasury the
moneys due for work completed during the
preceding month. as certified TO by the
State Engineer. As Russell received these
vsvments monthly, will show that he
drew cash checks representing Skene s
share. which We're paid to Skene. They
were made payable TO cash and were
entered on the payroll each month, but we
VIII show they were used TO meet Russell 5
obligation 70 Skene.
Il do not believe the defence will ques-
ZION that this contract price was raised
s9ceo. but viii contend that it was the
work Of subordinates in Mr. Skenes de-
partment and without his knowledge
Documentary Evidence Given.
Two witnesses were called to-day-Irving
J. Morris. secretary TO the State Highway
Commission. who was chief clerk in the
State Engineers office during Skene's ad-
nlinistration. and Henry c. Adams. a
clerk n the office Of the Secretary of State.
They gave documentary evidence.
Mrs. Black. treasurer Of the Russell Con
Vracting Company. is expected TO ne called
~ The state tomorrow 70 suhstantiate part
of Tr- Brong's statement. including the
Identification Of the certified check which
accompanied the Russell company bid.
Two jurors were chosen to-day. as one o.
TIE Jurors previously selected was ex-
cIsed by the court on application Of the
Artornev General because he was the
owner Of { garage where Jacob L. Ten
Eyck. Of counsel for Skene kept his ma
f---I.+- fA-l'-StIlEB attorney Jerome on
1ected and made = motion for an order
discharging the entire jury on the ground
that i was mistrial L was denied
After consultation with District Attor-
ney Jones Of Rensselaer, County. Justice
Conan decided there was no ground for
Ar. Jerome's contention that the indiCt-
Hent now being tried was irregular be
cause z Rensselaer, County grand Jury
had considered the same evidence ar6 "a
fused 10 indict. Il developed that the
Rensselaer, County grand jury had consid-
cred The question Of indictments for brib-
cry IN connection with q good roads con-
tract.
ATTORNEY General O'Maney made appli-
cation TO Justice Conan for the taking of
testimony Of John b Russell. of Mount
Vernon, 4 co-defendant with Skene. who
Is confined in a sanatorium at Astoria
Long Island Il was taken under consid-
Grafton.