The sun., 1913-11-22

De able to argue the Highways Commits
SION into favoring the material produced
by these two or three
Didn't you know that was a crime"
d'dnt get any money, Mr.. whitman.
! gave up the plan.'
Did you ever return the $1,000 to any
or these contributors?
THE contributions were never made,
10 my knowledge. gave UP the plan.
! couldn't get anybody to agree to the
alternate specifications. I didn't see any
officials OF this matter. I concluded to
give II UP because too many companies
were involved and because I concluded
II wouldn't be proper to ask the Highways
Commission to do it,
Didn't you call Mr.. Condit on the te,e-
phone and tell him II must be done or
he wouldn't get any business?''
DidnI Remember Threat.
II don't recall"
What other company besides the
Barber Asphalt Company pays you a
commission
"The wadsworth Stone and Paving
Company pays me si.5O a ton on material
sold to the State
How much Barber Asphalt Company
material did YOU sell in 1912"
"As I recall 7 sold 1000 gallons at
One-half cent a gallon commission"
from Arthur s. johnson. the Albany sales
agent Of the Barber company. This Is
the amount that went to pay part Of the
$500 given to John A. Hennessy at
suffers request, The witness didn't know
about another $500 item. which appea rs
in the joint bank account he and his
brother opened. He said he didn't believe
johnson had paid him AT seven different
times during the year. Bank slips didn't
refresh his memory as 10 this. He said
he could not speak for his brother.
II have not myself received" he said,
ANY thing direct from the Barber Asphalt
Company. They stl owe me one half
cent on every gallon Of oil or asphalt sold
through johnson. He has made only two
payments. $3.50 and $500. and I regard
this $3.50 as his half OF the $500 con
tribution to GOV. Sulzer.''
McGuire testified that he understood his
brother. James *. had gone to the West
Indies and intended TO go to South Amer
lea. He was sure he had gone. although
he couldn't say by what steamer. He
said If Mr. whitman wanted him he would
try to get into communication with his
brother.
Dtdn't Know what Brother Got.
He said he didn't know whether or not
James h. got commissions from the
he negotiated with the Kentucky Rock
Asphalt Company. which is the Wads-
worth company. and that he got commits
sions after that company's material had
been specified In the contracts under the
Sulzer administration.
Examining the slips from the Syracuse
bank in which he and his brother keep
their accounts Mcclure said he recog
nized as commission payments only the
$3.50 from johnson and sssI.il from the
United states Asphalt Refining Company.
He said Johnson and Wadswor,h and the
United states Asphalt Company still owed
him for all sales made by them. He didn't
know the amount.
Then YOU have received less than
5000 and yet YOU agreed to give back
$1,000 to each contractor out OF your
mmissons"'
II suggested that"
But how could YOU have done it.
Well IL the plan had gone through
they would have sold enough to enable me
10 pay them back out of my commiss ons" ."
Mcclure said he knew George e. Dichl
Buffalo engineer. and had spoken to him
about the materials in which he was in e
terested tie said he supposed Denl knew
he was getting commission. lie said nc
also spoke to Mr.. Washington OF the high
way advisory board. about natural as
pha't Diehl is also a member OF this
board. which advises the Highway Com
mission on materials to he used in road
construction and repairing. MIR. Whit
man tried TO get from him an admission
that he spoke in order that all other
products except those Of the Barber people
might be excluded.
From what compa nies besides the Bar-
be- company did you get commi rs ons?
Names Charles =. Murphy. Jr.
we got commissions on asphalt and
cement sales by the tlsen American Ce-
ment Company. the Dragon Cement Com.
psny. the knickerbocker Cement Com
panv-I don't recall any others.
MIR. Mcclure. who IS interested with
you in the bonding business"
lanes X. Mcclure. Edward $ Nc
Guire. Charles NJ Mcclure. my brothers
and those with whom We have arrange
ments"
And with whom do YOU have an ar
rangemont"'
with Charles F. Murphy. ir
What is the arrangement"
He represents in New York the same
company that We do. ~ he gels u bond
have an interest In 1t, and II I get n
bond he has an interest in it"
Are YOU competitors"
What do YOU mean, are We competi-
tOis"'
The District Attorney explained and
Mr. Mcclure acknowledged that he and
Charles r Murphy, ,Ir.. were not competi-
tors.
What company do YOU r"presen, 49,
asked the Chief Magistrate.
The United States Fidelity and Guar
antee Company"
And Mr.. Murphy"
The United States Fidelity aud Guar
sntee Company,
What other companies are there"
There are ten or twelve compa ME 5
that go on contractors bonds"
"And how much of the business is done
by you
The amount my Office does Is about 25
per cent. OF the business in highway bond
ing and about 20 per cent. in canal bond
ing"
And Mr.. Murphy"
THAT is included in our business. We
share up"
How did you come to make this ar.
rangement?" asked Mr. Whitman.
1--WE considered for several years the