Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-08-05
SCHOOL SCANDAL
PRORERS MEET
FRESH DEFIANCE
Chairman FreIinghuysen Init
mates That Register Mcmahon
Eyades Service of Subpoena.
Especial to the Newark start

49,
TRENTON, Aug. 5,-rhe special Sem
ate committee met here today, and was
again met with defiance in the matter
of having its subpoenas by
a number of men involved i'm the in
vestigatien of public school financial
affairs in North Bergen, Hudson
county.
Those who were subpoenaed to APP
pear before the committee today n
who refused to acknowledge the orders
were: James Donnelly, John Muller,
Henry Andes and Frederick Sterncopf,
all of North Bergen. Efforts to sub
poena County Registrar John Mcmahon
and John DAILY had &ailed. Concerning
Mcmahon and DAILY, Senator Freling-
huysen, chairman of h COMMITTEES.
said:
II regret to announce that though
numerous attempts have been made u
serve Mr.. McMahon and Mr.. DAILY SUBJ
poenas to attend todaylS session, they
have not been served. Whether they
have wilfully ewaded service | cannot
state. We have assembled here today
with the State Board Of Education SO
as to preclude n question of quorum,
and we have invited the prosecutor of
Mercer county to attend so that should
criminal prosecutions become neces-
sary we will have the benefit Of his ad-
vice from the outset
Committee VIII Not Give Up.
sfThis committee will continue to as
semble as often as nay be necessary
until service is made upon Mr.. Nc
Mahon and Mr.. DAILY"
Francis H. McCauley, of Jersey City,
counsel for the defiant witnesses, ap-
peared before the committee and spoke
in defense of the men involved In the
scandal. Mr.. McCauley reiterated his
assertion that the committee has no
legal existence or power. Then he said:
Admitting. for sake of argument,
the legal existence of the committee.
1t has no power to issue s~ubpoenas.
especially subpoenas commanding the
appearance of witnesses in a county
outside the domicile of h witnesses
summoned and the matters under In
yestigation.
ADMITTING further, for sake of ar
gument, the legal existence OF n COM
mittee and it's right to issue ~eubpoenas.
as In the present case, the s~ubpoenas
served were defective In form, trreg-
ulaly issued and improperly served.
For the foregoing reasons the wit
H66bcS SuDPOCltaco nAA tAHN
Prosecutor Attends Meeting.
Before the formal me~eting>ofthe COM
mittee in the Senate chamber a secret
| conference was held in President FIRE.
linghuysen's private room. Besides
Senator's Frelinghuysen,A Bradley and
| Silzer, and a quorum of the members
of the State Board of Education. the
| conference was attended by Prosecutor
william Crossley, Of Mercer county,
| and Assistant Attorney-Ge General Nell
son Gaskiil.
Prosecutor crossley was ASKED, 70
take cognizance of the defiance OF the
committee by the Hudson county men
with a view to securing their tudict-
ment by a Mercer county grand jury
Senator Frelinghuysen called upon.
| Prosecutor Crossley to note that the
four men subpoenaed had failed-to-obey
the committee.
"The committee will furnish the pros
| ecutor with proper proof of h service
| of these men and their failure to obey
| the summons" declared Mr.. Freling-
huyser.
At this point Lawyer McCauley
| sought to address the chair.
Whom do you representa-" asked the
chairman.
1.-THE four men who" began the
lawyer.
Are these men here?" queried the
chairman.
MIR. McCauley shook his ead
1.-THE committee cannot hear you"
snapped the senator.
Mr.. MeCauley attempted to continue,
but was shut off by Senator Silzer NOV
ing that the committee adjourn to meet
at the call of the chair.