New-York tribune., 1911-02-17
Past OF Man Who Saved Racing
Bills Raked Up-KneW Man in
Prison for Examination Fraud.
WITNESS TELLS OF OWN TEST
Sosinsky, Now in Sing Sing,
Wrote to Regents for His Ger.
tifcate-Story of Bribe
Offer Told on Stand.

the trial OF former State Senator Frank
]. Gardner on the cnarge of attempting
TO bribe him to vote against the Hart
Agnew racing bill at Albany in 1905,
when both men we're members Of the
Legislature. had to stand four hours OF
gruelling az to his credibility as a wit
ness by counsel for the defence at the
opening of the trial yesterday before
Justice Seabury. in the Criminal Branch
of the Supreme Court
He was on the witness stand from IL
o'clock until the close OF court. late in
the afternoon, when he was still under
fire by Max D. Steuer. Gardner's counsel,
who will continue the cross examinatio
to-day.
Charles {. Mott, Assistant District At
torney. occupied less than half an hour
in opening the case for the prosecution
and 1t took Congressman Foelker about
the same length OF time TO relate his
story Of how Gardner offered him $4,000
In the stateroom OF Pullman car on a
train en- route from Albany TO New York
for his vote in opposition TO the anti
racetrack bill.
The defendants counsel then took the
witness in hand, and endeavored to show
by inference that Foelker had taken
small bribes to influence his vote on GER
tain bills before the Legislature which
had no connection with the racetrack
measure; that the witness had once reg
istered Illegally for the purpose Of vot-
ing, and that Foelkner In 1904 employed
Max Sosnsky. who is now serving a
term in the penitentiary on Blackwell s
Island for inpersonatng others In TAX
ing the Regents examinations. to do the
same thing for him.
Congressman Foelkner stoutly denied
all the allegations of the defendant s
lawyer. He maintained a calm and dig
nfied attitude on the witness stand dur
ing the first hour or two OF cross-exam-
ination, but was perceptibly fatigued be-
fore his ordeal was over for the day.
handkerchief in his hand and frequently
noppco MS forenead.
Admits Living with Scsinsky.
The witness was forced to admit that
he lived with sosinsky in Rutgers street.
u this city, for three or -four rnonths
during the time Is vas taking the Re-
gents examinations. Letters were
placed in evidence which the witness ad-
niffCd CnCinG a. had
which the latter had signed Foelkner's
name. petitioning the Board Of Regents
at Albany for law students certificate
on two different occasions. in March and
April 1904. Foelkner explained that he
had instructed Sosinsky to write the let =
ters for him, but maintained that he had
passed his Regents examinations with
all regularity.
Mr. Steuer undertook TO put the Con.
gresham through a Regents examina-
tion from list Of questions on the va
rious subjects included in the examina
tion of 1904. but Mr.. Mott objected and
Justice Seabury finally sustained the
objection and saved the witness an added
task
Counsel for the defence worked up 10
climax Of his inquiry into the matter
OF the Regents examinations by having
Sosinsky stand up in court and be iden-
tilted by the witness
Foelker was carefully questioned about
his early schooling after coming 10 this
country from Germany in 1883. He said
that he was thirteen years old at that
time. and had first worked as a pedler.
He attended public school for a year in
Troy, y. y, and took a course in ii busi-
ness college in that city before coming
TO Brooklyn in 1898, the witness said.
He acted as janltor at the business
school and did not have to pay tuition.
He was introduced at the Young Mems
Christian Association in Brooklyn by
a clergyman at whose church he pumped
the organ for 81 Sunday, and took a
course in the elemental subjects at the
association. Later he attended the New
York Law School for several months in
1900. In answer to a question the wit
ness said he could not produce evidence,
oral or otherwise, that ne had ever regu-
larly enrolled or registered at school
anywhere.
Back to Legislative Matters.
Abruptly switching to legislative mat
tiers, Mr.. Steuer asked the witness If he
knew J. S. Hildebrand. Foelker said
he did. and Mr.. Hildebrand stood UP in
court and was identified by the witness.
I'm the fall Of 1906 you were candi-
date for the state Senate, were you not?''
Mr.. Steuer asked the witness
Eyes, that is right" replied Foelker.
"Do you remember the introduction Of
bill In 1906 that affected Mr.. Hide
brands business when you were mem
her OF the Cities Committee in the AS
sembly?" counsel asked.
The witness recalled such a bill dimly,
but when a copy OF it WAS shown to him
he remembered that IT concerned the
sprinklng OF the streets in the boroughs
of New York City, for which he believed
Mr.. Hildebrand had the contract for
Manhattan at that time. IT appeared
that the bill was aimed To turn the work
over 10 the city, which would naturally
terminate The Hidebrand contract. But
the bill died in committee, as was later
shown by the testimony.
did you meet Mr.. Hildebrand in re-
gard to this bill?" Mr.. Steuer asked.
He came before our committee" was
the reply.
,hat?" counsel asked.