New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-04-15
MAYOR A JUDGE AGAIN
Gaynor. J., Says Ruling by Justice
Maddox Is UniustifiabIe.
REFERS TO QUEENS CASE
Tells Fosdick Refusal 10 Admit
Testimony as to Phillipss
Writing Is Wrong.

Mayor Gaynor. in a letter 10 Raymond 3.
Fosdick. Commissioner OF Accounts. yes
terday criticised a ruling OF Justice Mad
dox. Of the Supreme Court IN refusing TO
admit the testimony Of Mr. Fosdick in the
trial of John VI. Phillips. indicted In Queens
County as result Of the investigation OF
the Borough Presidents office IN that Dor
ough
81 DO not know single justification for
H." wrote the Mayor
The Mayor also wrote. II shall take I'M
der consideration the suggestion that 7
ask the Governor to convoke an extraor-
binary term OF the Supreme Court in
Queens County. with presiding Justice to
be designated by him. TO try the large
number Of indictments for official miscon-
duct still pending there"
Commissioner FOsdick recalled 10 the
Mayor that some time aGo he had reported
10 him on city warrant for $500 so made
payable 10 William H. Allen. a plumber.
for services in connection with repairs on
the Queens County Jail Allen testified
that he mad never received the warrant
and that he had made certain repairs on
the Jail at the request OF Mr.. Phillips then
under sheriff Phillips had paid him ss5,
no said.
il appeared 20 Commissioner FosdiCk that
the bill was made ont in tho handwriting Of
Phillips. and on his examination he asked
Phillips 70 write from dctation. At no
time during the examination" he told the
Mayor, did Phillips claim his constitu-
tiona privilege 10 refuse TO answer on tho
ground Of determination
Phillips was indicted for grand LARCENY,
but on the trial Justice Maddox refused ia
admit tho evidence If the Comm issioner OF
Accounts on tho ground that he had failed
TO notify Phillips that his testimony before
the Commissioner of Accounts would be
used against him. AS no other handwrit-
ing Of Mr. Phillips could he obtained.
wrote the Commissioner Of Accounts 10 the
Mayor. tho people We're obliged TO rest
their case and the court directed verdict
of acauittal for the defendant
IN ending his communication 20 the
MAYOR Commissioner FOsdick said.
Deem f. my duty TO report this matter
20 Your honor. because H. illustrates in a
striking way the duncuties Of this Office
I'm making its Investigations effective. rs
a.
County last spring ninety-siX indictments
were returned by the grand jury only
two convictions by jury nave as yer
been obtained Many Of the indictments
have been dismissed By the courts. IL is
probable that not more than two or three
men al tho most viii suffer any serious IN
convenience as result OF the grand jury s
work
The Mayor in reply said. in addition 10
what has already been quoted,
DO not wonder that YOU feel discour-
aged when your work is frustrated BY a
i,7diciaI ruling such as YOU describe. I do
moi know a single justification Tor II. nor
have / been able 20 get suggestion OF
ono from any competent person II the
witness had claimed his constitutional priv
ilege before you that he could not De com,
neiled 70 incriminate himself. you would
go atonDed there as the law requires.
ant he made no claim Of privilege what,
ever That being so. everything ne sdlu
,nd 53d before YOU was competent evidence
sgainst him on his trial under the indlci
ment. Please look at the case OF the Feople