New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-08-04
MORE COUNSEL FOR DOTY
George Gordon Battle StlrS
Things at the Inquiry.
MANY THRUSTS AT DUSHKIND
John Marston Says He Made No
Profit on Coal He Supplied
to Quarantine.

A new and aggressive champion dppedreu
for DR.. Avah II. Doty in the County Court
House yesterday in the investigation into
his administrator as Health Officer OF the
Port OF New York now being conducted
before Commissioner Charles y. Bulger.
He was George Gordon Battle. not long
since Special Assistant District Attorney In
the crime investigation precipitated by Mag
istrate Corrigan, and he was called In by
DR.. Doty TO help George 5. Soofeld look
out FOR his good name.
SO aggressive was Mr. Battle during the
first DAYS cross-eXamning that commis-
sioner Bulger felt called upon 10 make
few remarks before adiourning with regard
10 the lines which testimony should follow
IN such an Investigation.
1T Is travesty on justice. even In an
investigation like this" he declared. TO
allow the accused person to 60 unrepre-
sented During the Lexow and Insurance
investigations many of the accused people
did not get chance to appear in their own
defence and were not represented In any
way by counsel. Even though tho results
in those cases were good. no Grosser out
rage on Justice could be imagined. I Will
not permit such thing to happen here |
It did.
Nevertheless. | would suggest that the
evidence be concentrated on material points
and that questions be confined TO the mat
ter In hand. We are not concerned here
with immaterial details; what we want to
get at are the main facts
Questions Dushkind's Status.
Mr.. Battle began the day with 4 series
Of thrusts at Charles Dushkind. VINO,
though nominally only an assistant to Isaac
r. Cohen. named by Commissioner Bulger
10 conduct the inquiry. has up 20 the pres
ent time been conducting most Of the eN-
arnations He finished the day in like
manner.
At the morning session Mr. Battle In
CURED of the commissioner In what ca
racity Mr. Dushknd appeared at the hear
ing Mr. Dushkind answered that he was
associated with Mr.. Cohen.
Then he is assistant counsel 10 the COM
missioner" observed Mr.. Battle.
II don't like TO regard any one as pros
ecutor." hastily put in the judge, "as no
charges have been brought 7 shall have
TO assume. until there is evidence 20 the
contrary. that he is here as public spir
tied citizen"
Two Italian witnesses called by Mr. Dush-
kind testified that there had been no segre-
cation among the steerage passengers from
the Moltke during their detention of about
twenty DAYS on Hoffman Island. Mr. Dush-
kind stated that Rule % Of the Health
Laws Of the United States required not
only that the sick he placed in hospital
and that those specially suspected he iso-
lated but that the rest be divided into
small groups between which there should
be no intercourse OF any kind. He sent
over to his office for a copy Of the rule
and showed II TO Judge Bulger
That's new TO me-" said the judge.
Marston tho Star Witness.
The star witness Of the day was John
Marston. whose accounts with the Health
Officer for coal delivered caused a sensation
at the investigation several weeks ago. He
stated that he had held a confidential place
with the president OF the BerwindWhite
Coal Mining Company. Of No. ] Broadway
for about eighteen years, and that he was
connected with two or three other com
panies, one OF which was the Henry Hall
Sons Company. Of Highland Mills. y. Y,
Of which he was vice president. Alexander
G. Hill. at one time private secretary Of DR.
Doty. was president Of the company.
one day. he continued. in explaining the
coal matter. he was called up from Quar-
antine by Hill. who knew his connection
with the Berwind White company and
asked TO send down some coal. He replied
that his company dealt in soft coal only.
hut that he would see what he could do.
Accordingly he got Owens & Co, AT goth
street and East River. to deliver the coal.
and he sent his own bill 10 Or. Doty.
For the first few years" said Marston
81 added 10 cents a ton to what Owens
charged me. but for over year | have
added nothing.
Marston added that he had always paid
Owens promptly. but had extended credit to
DR.. Doty: that he had, however. no interest
in the owens concern and had seen Or.
Dotv only once in his life; that he had
made no profit and received no discount
during the last two years.
81 don't know why did IT," he said. TO
help the state along. / guess.
Marston could produce no records, though.
and had nothing to show that the coal paid
for was delivered fully and properly at
Quarantine except a list Of deliveries made
ont nv Mr. Owens a few days ago. This.
together with some bills and checks which
PASSED between him and Mr.. Owens, was
turned over to Henry l.. Koelsh. a certified
rublic accountant appointed by Commits
sioner Bulger TO examine the books in the
case.
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