The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-02-18
ELDER BACKS Up
FOELKER'S STORY.
Called After Congressman's
Long Ordeal Is
Ended.
HIS TALK WITH GARDNER
Story Of the DeImonIco Fund"
:. Is Told in Further
Detail.
HIS TALK WITH GARDNER

Otto G. Foelker in the trial Of Frank j.
Gardner for bribery before Supreme
Court Justice Seabury was concluded
yesterday forenoon and Assistant Dis
trict Attorney Elder Of Kings county and
other witnesses we're called by the prose-
cution. MIR. Elders testimony took up an
hour in the afternoon, when the trial was
adjourned until Monday Mr.. Elder fur
niahed additional details to the testi-
mony he gave before the Merritt investi-
eating committee concerning his inter-
view with Gardner relating to an alleged
10000 racing bill bribe fund which was
alleged to have been handled by City
Chamberlain Hyde.
In continuing the cross-examination
Of Mr.. Foelher MIR. Steuer asked II MIR
Foelker arose to a question Of privilege as
soon as he got to Albany and asked for an
investigation Of the effort to get him TO
take $1,000 Foelker said he didn't
think he was called on to report the Incl
dent because no one was present when
he had the talk with Gardner and he
thought that such statement at that
time would be construed as an attempt
to influence public opinion.
Il thought IL I denounced 1t my act
would be taken simply as a bid for public
favor said Foelker. Il didn't call the
attention of any District Attorney for
the same reason"
And when you subsequently met a
you greeted him.
Il spoke to him on the street.
Didn't you come into funds about the
time the bills came up?"
what do you mean?- asked Mr.. Foel-
ker.
you know what I mean.- replied Mr.
Steuer. Weren't you bankrupt just
before that vote was taken. and didn't
you have plenty of money afterward?"
4 didn't have plenty of money at any
time. and wasn't bankrupt"
LETTER OF sHARKEY READ.
MIR. steuer asked the witness if he found
the letter from former Naval Officer
Sharkey which in his testimony the
day before Foelker said would explain
the $3.50 check from j s Hildebrand
Mr.. Foelker said that Assistant District
Attorney Mott had the letter. and the
letter was handed to Mr.. Steuer After
he had read it Mr. Steuer said.
"I'Il read this letter in evidence Now
you testified yesterday that you got the
check in letter The letter reads:
KINGS COUNTY RPrBLIcAN CLrB.
1880 GREENE AVENUE.
August 30. 1907
OTTO q. FoELKEn: When delivered to
you my friend Hide brands check for $3.50
you promised to divide the same. but il
seems to have escaped your mind ! have
hrt 4rlt ~, n ,riSt md
tho money would come in very handy.
Yours very truly ROBERTA SHArKEy
"Have you any other explanation to
December 3. loos:'
'The signature Alfred I. Hobley
shows. He met me and said he had
expended considerable money and needed
some, 30 gave him the check"
sIs 1t true, as Sharkey SAYS, that you
agreed to divide the money with him'-
AT the time"
Mr.. Steuer asked the witness IL he
couldn't answer without making a speech
and Mr.. Foelker said it was not true.
He couldn't remember whether he had
answered the letter.
FoELKER EXPLAINS $50, 900 LOAN.
Following TOelkeE statement tnAt
he came into no funds at about the time
the racing bills were passed. Mr.. Steuer
asked if he didn't make a loan Of $50 ,OOC
on May 4. 1908.
"Yes. for a client" replied Foelker
and said that the client was the William
Fl. Watson estate and that he loaned the
money on mortgage in behalf of the
estate. Both the bond and the mort
gage were made out to him. he said.
Mr. Foelker put in evidence a mort
gage bond made by the Binney Godfrey
Company to Otto g. Foelker for $40, 600
Mr.. .Steuer asked if Foelker knew James
Ray, who lived in his Senate district
and the witness said he didn't.
"You don't know him well enough to
call each other jim and Ottof'
NO"
DO you remember meeting n man on
the train coming from Washington the
day you made your first speech in Con
gress and the man was coming from
Jacksonvillef'
Yes remember that. Perhaps that 4
this man Ray you are trying to get at
don't remember his name, but he intro
duced himself to me and said he had
known me for long time, but don't
know how"
Did he say 10 you Otto, you put NJ
out of business"
He did not"
Didn't that man say TO you in word.
or in substance Otto you put us out OF
business by voting for this bin ano
didn't you tell him You did so becaus,
all McCarren had promised You was Demo