The Bridgeport evening farmer. [volume] (Bridgeport, Conn.) 1866-1917, 1911-06-09
Closing Arguments
In Investigation
Of City Engineer
(Contiued from Page ~

|
ments He declared that the speci-
fication of gross incompetency of Nc
kenna has been proven. Yet the
burden of proof of the specification
does not rest upon his client, but
might properly be considered to rest
upon the committee of investigation.
He pointed out that in such investi-
cations as this the knowledge resides
IN the camp of the enemy, and that
II IS o1rflcult to secure such testi-
mony as is desired. He argued that
the rejection of McKenna by the
state and national associations Of civil
engineers sustained the contention of
Incompetence These bodies might
nave exercised greater discrimination
than his honor the mayor. in making
the appointment.
Then he took up the various pub
Tic works. that had been discussed
through the hearing. He referred to
the Stratford avenue paving matter,
Where II was alleged that the city had
10 pay for work done by the Connec-
ticut Co. because of an engineering
error. He referred to the testimony
OF the various witnesses with such
terms as "concealment", "evasion,"
and fraud This testimony could
not De attributed to ignorance so
much as to falsity. He referred to
contractor c. F. A. Biltz' testimony
as feeble and maudlin. Suddenly judi
son turned to McKenna:
Yes, wink at Mr.. Jayne, it's a
good joke said Judson.
wasn't winking at him." quiet
ly replied McKenna.
Pay no attention to him. COM
manded Klein.
Only the intervention of the paving
commission, claimed Judson. prevent
ed an error Of five inches in the grade
of the street.
Then he dwelt at length on the
Livingstone place sewer and grade,
the Park avenue grade, the relayfng
| OF curb in Spring street, and other
public works in which it was alleged
McKenna had been found wanting
attorney Klein interrupted him while
he talked of Spring street, and de-
clared Judson wasn't sticking to the
evidence in his argument, particular
ly in his statement that McKenna
was held responsible by Silliman &
Godfrey. contractors, for the extra
| work in Spring street
Judson said McKenna evidently CON-
sidered himself like the British Par
Lament, above the law. He disregard
| ed the law as to the use of specific
| appropriations, and he argued that
McKenna, in wilful defiance of the
| law. used money provided for one pur-
pose for another entirely different pur-
| pose. He might with just as much
| right take the county money for the
| city work, said Judson
Then he took up such personal items
| as the Dargan testimony of paying a
portion of his salary to McKenna's
| brother; the testimony of Azhderian
| as to loans made to McKenna. In eff
feet he charged that McKenna would
| never have paid to Azhderian money
he had borrowed if the engineer had
not taken alarm at the prospect of in
vestigation and paid the borrowed
funds back to his employee.
senator JudSOQ concluded with a
tribute to the committee. He express
ed his absolute confidence in the COM
mittee, despite reports to the CONTRA
ry that political influence would play
| part in their findings.
Attorney Klein opened his argu-
ment with the declaration that if
Judson hadn't concluded his argu-
ments by this expression of confidence
in the committee. he would have TAX
en- it for granted that he spoke in all
sincerity.
But in view of Mr.. Judson's closing
remarks, he must take another view
of the Judsonian mind.
He said that Mr., Judson had very
properly, in his arguments, apologized
for his client Judson had said that
it might be true that attack upon |
Mulvihill was the cause Of the inves-
tigation and argued that often i'm |
portant truths are revealed in investi- |
cations arising from such conditions.
1t was well that Judson should apol- |
ogize, said Klein, for the charges were |
brought in bad faith. 1t is proper, |
he argued, to scrutinize the charac-
ter of the man who brought the
charges, "a discharged employee of the |
Office. said he, "who makes charges |
here of a character which are libel |
lous upon their face, and for which if
he had any property at all to respond |
to a judgment, Mr.. McKenna could |
institute suit and before any court in |
this State, whether Republican or
Democrat, could recover a Judgment, |
because, gentlemen of the committee.
the charges were brought without con-
sideration, without investigation and |
quote Mulvihill himself in his cross |
examination upon that point when I
say this. Charge after charge is |
brought here over his own signature, |
and some of them haven't even been |
supported by a single word of testi-
had appropriated the facilities of his
office to his own personal concerns |
notably the automobile for personal
recreation. Not a word was said in
support of this charge. It is true they
tried to bring out testimony to this
effect. but there wasn't a single word |
to support the charge.
cit was a lucky day." he contin-
ued. s'for the city of Bridgeport that
MeKenna resented that epithet and
struck this man. [ say lucky be- |
cause Mulvihill, this boy, Indicating
Judson's client who sat at the table
with him) already had his eyes upon
the engineers Office Judson object-
ed to this but Klein continued. There
were murmurings in the office He
was out when he pleased and he did |
as he pleased, disorganizing the Of
flee force On the very day the as
sault took place Mulvihill said to the
engineer that he was not holden to
him for the position. He then review
ed the testimony of Mulvihill as to
how his father had sent for him when
he was out of the city, to come home
to take the 81 400 position
eff I were to condemn anything as
a. citizen" said Klein, 81 would con,
denim that which permits any man to
dictate to the sworn official of this
city who his employees shall be.
"You cannot expect the best kind of
work out of the city engineer if you
give him men such as this man (again
indicating MulvihilD. When the city
pays s14O0 a year it at least expects
a man who knows something about
engineering, not a man who is so ut
terly incompetent that he fails of pro-
motion after a year of study. If the
system is to be condemned it is right
there where it is to be condemned
and I do not know how you are go
ing to do it unless both political par
lies unite and say, we will put men
in places for their ability and COM
la