Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-02-17

REPRESENTATIVE O. G. FOELkER
NEW YORK, February lotto G.
Foellser. representative in Congress. was
called to the stand when the trial of his
bribery charges against his former col
league in the state senate. Frank ]. Gard
ner, was resumed today, and the attack
on his credibility as witness was re-
sumed. Foelker's account of how the al
legged bride of $4,000 was offered him.
while returning from New York to AL
bany. was attacked again from a new
angle.
ION the train Gardner said to you, i
will give you 5000 more than the other
senators are getting didn't he. he was
asked.
Yes answered Foelker.
Names Didn't Interest Him.
And while you were alone with him in
a stateroom YOU didn't ask him who the
other senator's getting the money were?'
1T didn't interest me- declared the
witness.
Under repeated proddings Foelker ad
mitted that although he was a member
of the legislature. he had not considered
1t his sworn duty to report an attempt to
brlbbe him to the senate or to the dis
trlct attorney, giving as his reason that
he lacked confederation"
Afterward when he met Gardner on the
street in Albany he greeted him as usual.
Right after the vote on the race track
BILL resumed Mr.. Steuer, didn't you
come into funds?"
NO" shouted FOelker.
Mortgage in Evidence.
ia x1yjfr
showing that on May IA, 1905, he had
made d loan of $4,000 to the F'inney
Godfrey Company, but on redirect exam
nation later he explained that. although
his name appeared on the mortgage, the
money came out of the estate of his
wife's aunt, Mrs. William III. Watson.
The bond to secure the mortgage, he
said, is in the hands of the Watson
estate. and. like the mortgage, is made
out in the name Of Otto G. Foelker.
Further testimony brought out that
Foelker had given SIS to James Radi-
gan. a partner Of Max Sosinsky, who
coached him for his regents examina-
ton, because Radigan told me his Of
fee furniture was mortgaged and he
owed his stenographer a months sal
ary."
Denies the Charge.
James Ray had ever reproached him
with voting for the Hart-Agnew bill
after he had been literally paid by
the other side. or that he had defend
ed his vote with a statement that the
late Senator Patrick McCarren. the
democratic leader Of Brooklyn, had
promised him support he did not get.
FOelker is a republican.
On redirect examination Foelker SWore
that Sosinsky, who is now In prison fol-
impersonating others at the regents ex-
aminations, had not impersonated him.
but had merely coached him. He ac-
counted for the fact that Sosinsky had
written for his (Foelker's) certificate
under his name, by the natural anxiety
of coach to know how his pupil had
passed.
The redirect examination ended with
Foelker's assertion that the check from
Hildebrand was merely campaign con-
tribution, and had not affected his action
on the sprinkling bill hostile to Hide
| brands business interests.
Purpose Of Alleged Bride.
In his testimony. given originally be.
fore the Merritt joint legislative commit
tee and repeated twice yesterday on the
witness stand, Foelker accused Gardner
of offering him a bible of $4,000 to vote
/
acted in 1908. The bill passed by one
| vote and Foelker, who had himself car.
| ried from sick bed to cast 1t, was then
| acclaimed the moral hero of the hour
Subsequently he was sent to Congress
| On cross-examinatiOn of Foelcker, the
defense attempted to destroy his credible
ity as a witness. Max D. Steuer, counse
for Gardner, drew from him that, al
though Foelker claimed he himself took
the regents examination for a law stu
| n LETTER asking
certificate in Foelker's name was written
by Max Sosinsky, who is now spenuine
nine months in the Blackwells Island
penitentiary for impersonating others or
such examinations.
wasn't that because it had occurred
| to you that the board of regents might
suspect something was wrong If the hand
| writing of the request for a certificate
wasn't the same as that of the examina
| ton papers?" Steuer asked.
| 1T never occurred to me-" said Foelker
| Line of Defense.
That the defense will attempt te
bribe not to vote for the bills afte,
Gardner is alleged to have asked him
| to do so, and then voted anyhow, came
out in the opening of Assistant Dis
trict Attorney Mott, who said that wher
Gardner was in Wilkesbarre, Pa, last
/ August he told man named Hall, en-
pIoyed by the Tangier Development
| Company, that after Gardner had gone
| 70 Albany with 200 ne-thOuSand-dollal
| hills and Foelker had refused to take
any of the money, he took some from
another person, and then appeared iI
| a theatrical manner and voted for the
bills.
Charles Gates Seriously Ill.