New-York tribune., 1911-12-23
SAYS {. H. HYDE CAUSED
FOELKER BAR INQUIRY
Suit by J. C. Sheldon Against
Former Chamberlain Recalls
Racing Investigation.
DECLARES S8,114 IS DUE
Complaint States That He Was
Engaged to Learn How State
Senator Passed EXami-
nation by Regents.

According to a complaint in suit filed
in the County Clerks Office yesterday
against Charles H. Hyde it was the for
mer City Chamberlain who dug up the
history Of the admission 10 the bar of
former Senator otto G. Foelker which
circumstance figured in the case of for
mer Senator Frank J. Gardner. who was
prosecuted on an indictment charging
that he had tried 10 bribe Foelker 70
vote for the racing bills in the state Leg
islature. Hyde was witness for Gard
ner, who was acquitted.
The suit against Hyde is brought by
James c. Sheldon, lawyer with Offices
at No. 40 broadway. lie says that
HYDE owes him SS.114 which is the
amount he sues for. This claim, says
Sheldon in his complaint, is for services
in investigating the regularity Of
Foelker's admission to he New York
bar. The claim was originally $4,000,
the plaintiff says, but Hyde paid $3.50 on
account.
Sheldon does not go into any details
as 10 the interest of Hyde in Foelker'5
standing. However, it will be remem-
bered that Hyde's name was mentioned
.. as one of those present at Delmonico's
when the anti-racing bills We're dis
cussed by pcrsoHs who were Interested
in seeing them defeated. also it will be
remembered that while the legislative
investigating committee I'm the latter
part of 1910 and the carly part of 1911
was trying to get all the facts in the
racing scandal, Hyde. whose name had
been mentioned at the hearings, was
SPENDING his time in Florida on the
houseboat Stop-a-While and that he re-
turned to New York only after the COM
mittee had ceased to exist.
The testimony before the committee
Of Foelker and Robert II. Elder. Assist
ant District Attorney Of Kings County.
brought about the indictment of Gardner
on the charge that ne had charge of the
ALLEGED $500. 900 bribc fund collected to
defeat the anti-rdcing bills. Elder tcsti-
fie6 at the trial Of Gardner that the lat
ter had made a confession to him about
the bribery fund and told him that he
had been chosen as the agent IL Albany
of the racing element because he knew
the conditions q: the Capitol and Hyde
old not
Elder told at q hearing of the legis-
lative committee that Gardner told him
that Hyde was present at a meeting
when a bribery fund was raised. Hyde
h..
not attend a dinner at Dclmonico's at
v hich James r. keene, Harry Payne
Whitney and ore % the Naudcrbilts were
present He denied that he knew any
thing about Il supposed corruption fund.
He did know that his brother in-law,
William Engeman, was a large stock
holder in the Brighton Beach racetracil.
HYDE testified tht- he had been in Al
banv three times while the racetrack
LEGISLATION was pending. once he went
up there on the Jockey Club special
The circumstances of the admission Of
Foclker to the bar which seemed to be
worth $4,000 to Hyde, were shown at
the trial of Gardper in an effort to prove
that Foclkcr never passed the bar cx-
animation in person. but hired one Max
SosinsSy To pass for him. Sosinsky was
sent to the penitentiary for impcrsonat-
ing other men at Regents examinations.
Foelker insisted that he personally
rassed the examination. Foelkcr said he
had lived In the same house with So
sinsky.
1t was Fockcr who got out of a sick
bod to cast the vote that saved the
IIart-Agnew anti-racuR bill from de-
feat in the Senate.
HYDE f. now uudcr indictment in con-
ncction with the affairs OF tn Carnegie
Trust Company