New-York tribune., 1910-12-08
fund of $4,000 which was raised In No
vember 1908, for future legal expenses:

To e. p. ,,oyne 81 l.5oo
Davies. Stone & Auerbach. ..........-..... 4s6
The Jockey Club, refund. Observation-Disclosures. coo
The westchester Racing Association re-
fund ---'---------------- .M'o ~!
The Jockey Club, refund. ............... $500
The Westchester Racing Association, re
Davies. stone Il Auerbach ............. 1874
cianiaFs IS
~ Baingerfield Observation-Disclosures. AZ
He testified that he could easily secure
from each racing association the amount
OF its legal expenses in 1903. and he was
dismissed to later date, with instruc-
tions to bring that information with him.
Bank Cashier Brings Transcript.
II. n Kirkland, cashier of the Mutual
Bank, in which the Metropolitan Turf
Association kept its account, was wit
ness in the first part. of the afternoon
session. He had been subpenaed to
bring with him a transcript of the ac-
count of the Nets" from January i,
1907, to January 1, 1910.
Did you bring that transcript with
you?" asked Isidor Kresel. who ex-
amined him.
"All of it except that part of the ac-
count between February IL and June IL,
190s.' replied the witness.
''Weu. why not that, that Is the very
part about which we are most anxious
TO have information said the lawyer.
Because we lost the ledger containing
that account" explained Mr.. Kirkland,
sorrowfullv. June IL, 1908, was the day
the racing bills were finally passed.
It appeared that the bank had that
ledger, which contained seven hundred
other accounts also, as late as January
OF this year, and then It disappeared.
1--WE don't know. but we suppose 1t
must have been carried out with the
waste paper" he said. 1--WE kept it in
what we call the dead book room, but
it disappeared
They had never lost q ledger before,
nor since, said Mr.. Kirkland, and he was
very sorry. but 1t was simply gone.
However, he did proInise to make up
list of the deposits Of the "bookmak-
ers'' between those dates, but their dis
bursements would not be obtalnable;
they were gone beyond recall, absoiuteiy-
Charles T.. Calhoun, chief clerk OF the
Lincoln Trust Company. brought the
transcript OF the account the Nets
kept in that bank, but that is the ac-
count Of what the Nets" term their
surplus investment" amounting 70
$4,000, and Is not believed TO be sn
active account. 1t was put into the
record. and Mr. Calhoun was not cx-
amined.
Ex- Senator Gardner Mentioned.
Ex-Assemblyman Charles F. Murphy,
OF Brooklyn. who was chairman cf The
Codes Committee of the Assembly, in
1865 took the stand to tell the coEl-
mittee that on the day before the
Agnew- Hart bills were reported out ot
his committee ex-senator Frank j.
Gardner met him in the Hotel Man
haitian, just two minutes before he was
to take his train for Albany, and Hsked
him to hold the bills in that committee
for two weeks. He refused, he said, and
hurried to his train. There had been no
mention of any consideration or money
of any kind, said Mr.. Murphy, and he
had never been "approached'' In rela-
ton to that bill. or any other, while at
Albany.
The days session ended with the eX-
animation of r. c. Cummings, the law
yer whose name appeared at various
times in the books of the racing associa-
tions and OF the Jockey Club,
Cummings testified that he had been
employed by the latter in 1906, and 1908.
His bin for 1906, when his services
rendered were in relation to the Cassidy
Lansing bill. was $1,000. but of this, he
swore. S1.5o0 went to Charles H. Belts
the Lyons man who was then chief of
the revision room Of the Assembly.
Bettss name has been mentioned be-
fore in the graft hunt, when the beet
sugar bounty bills We're under scru-
tiny. but Cummings hastened to say
that in this instance he had paid Belts
for his influence as the owner of
newspaper in Lyons. through which he
could mould sentiment in favor of rae
ing and against the Cassidy-Lansng
bills in the upstate section served by his
paper.
He also gave Belts $3.50 for expenses,
he said but didn't employ him in the
bigger fight of 1905
"The Politically Unemployed"
A man named r. Shaughpessey also
appeared in Mr.. Cummingss 1906 bill to
the Jockey Club for a payment of S1315.
Sila ughnessey, Cummings testified, had
been at one time stenographer to the
Senate in Albany. but for some time
previous to 1906 and since that time he
had been what Cummings described as a
leader OF the politically unemployed
However, his knowledge of Albany
matters was valuable, and he was called
upon to give general advice about legis-
lative matters to himself and Mr.. Auer-
bach. of Davies, Stone & Auerbach, said
Mr.. Cummings.
His own employment as counsel Mr. |
Cummings went On, had been always
through Mr.. Auerbach, and not by the
Jockey Club direct. But his checks, ii |
appeared, came direct from A. DANGER |
field; st least in 1908, when he received |
one of So 900 on November Is. 1908. and |
another of S56S on June 6, 1909, which. |
he said. was in payment for services |
rendered in 1908 in connection with the |
fight on the Agnew- Hart bills