New-York tribune., 1911-01-16
HYDE RETURNS TOO LATE.
Legislative Probers Wish He Had
Been Few Hours Earlier.
NO TIME EXTENSION LIKELY
Counsel Thinks District Attorney
Could Present Case TO the
Grand Jury.

Some members of the legislative graft
committee were disappointed yesterday
when they learned that City Chamberlain
Hyde had returned just too late 10 be
subpenaed as a Witness
Certain members of the committee were
Of the opinion that his testimony might
have been both interesting and illuminat-
ing in regard TO the alleged pool formed by
various men in an effort to defeat the anti
racetrack gambling bill in 1908. They re-
GREETED Mr. Hyde's delay in returning from
the Everglades. and thought that he
might have been a little more considerate
and have come back few hours earlier.
Little hope was expressed. however. that
the Legislature could be induced 20 take
the matter up and reopen the inquiry and
give the comIsittee an extension OF time
in which they might be able to examine
the City Chamberlain.
Isidore J. Kresel. OF counsel TO the COM
mittee. in view Of the fact that the official
life Of the committee had expired, sug
gested that the District Attorney might
institute supplementary investigation of
the matter. which had not been wholly
Of the absence of certain desired witnesses.
Mr. Kresel pointed out that the grand
jury had general inquisitorial powers and
could pursue an investigation along any
particular liue to determine whether or
not a crime had been committed When
told Of Mr.. Hyde's return Mr. Kresel ex-
claimed:
Welcome TO our city
Not To Be Found When Wanted.
Asked If the committee had made al
effort 10 subpoena Mr.. Hyde "a a witness
before he went away on December = MI
Kresel said that II had not.
The arst time that I attempted 20 com
municate with the City Chamberlain said
Mr. Kresel. was on December e, and ]
was informed then that he had gone away.
We certainly would have liked 10 have
had his testimony. The committee has no
further power in the matter"
Unless the Legislature should extend the
committees time. there is no hope OF OBJ
tanning Mr.. Hyde's testimony or that Of
other men who had gone but were not for
gotten. IT would not he becoming for coun-
sci 10 so TO Albany and ask the Legis-
lature 70 prolong their Jobs by seeking
continuance OF the hearings.
1t would be an easy matter for the Dis
trict Attorneys office 10 institute an investi-
cation of the circumstances surrounding the
alleged raising Of corruption fund TO de-
feat the ant-racetrack gambling legislation.
The grand Jury has general inquistorial
powers in such matters and could examine
Nj. Hyde as a witness or any others whose
testimony might be deemed useful IN deter
mining whether or not = crime had been
committed"
I, is understood that District Attorney
Whitman has followed carefully all the evil
dence sGduced before the graft committee,
and. with the exception Of that which
formed the basis for the indictment against
ex-senator Frank j. Gardner he does not
consider any Of il sufficient 10 warrant q
grand Jury investigation.
City Chamberlain Hyde will In all proba
bility be called as a/witness at the Gardner
trial. Robert II. Elder Assistant District
Attorney of Kings County, testified before
the graft committee, II will he recalled, that
ex-senator Gardner had told the story Of
dinner at Delmonicc's at which a corrup-
ton fund of $500 900 had been raised 70 de-
feat the anti-ractrack gambling bill
IF anything further should develop which
might appear indicative Of criminal prac-
tees as q result OF the graft committees
inquiry or the Gardner trial it would
promptly become a subject for a grand jury
investigation. II was said.
Frank L. Young, Republican member
Of the graft committee, said last night that
he should very much like to see the inquiry
continued and Mr.. Hyde examined as
witness. lie said that he thought the tes-
tilnony that the committee obtained in re-
gard TO the alleged $500, 900 corruption fund
was weak and insufficient, and that he com
mittee should have had better evidence IN
that respect or mono at all
But l hardly think It possible 10 get the
Lpgisla ture to extend the time of the COM
m'ttee under present conditions az Albany"
said Mr. Young
Mr. Young said that he understood that
counsel for the committee had communcat-
ed with City Chamberlain Hyde before he
left the city. and that Mr.. Hyde had prom
ised TO appear before the committee as
witness.