New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-16
HENNESSY SUED BY MACK
SAYS I'LL PROVE It ALL
Su'zer Investigator Replies to
$1,000 Libel Action by Re-
iterating His Charges.
"KNOW MEN BLACKMAIlED"
Believes Now Sum Collected by
Former Democratic Chairman
and Not Reported Is Nearer
S300,000-Raps Mclean.

/ -
Albany Sept. 1J.-Norman T.. Mack,
former chairman of the Democratic Ma
tional and State committees. failed to APP
pear to-day before John 4. Hennessy.
Governor Suffers special investigator. 10
answer charges OF having failed To ac-
count for money contributed TO him In
the governorship campaign OF 1910. In
stead. Mr.. Mack, through his secretary.
James W. Reilly, served Mr. Hennessy
with a summons and complaint In a 500
action for libel. Mr.. Reilly said that Mr.
| Hennessy would have twenty days to
make his answer and that the action
would be tried in Buffalo.
! Mr.. Mack complains that HonneSsy has
/ caused to be published charges In effect
/ that the plaintiff unlawfully appropriated
/ TO his own use moneys contributed 10y
! others as a campaign fund toward the
] election OF John A. Dix as Governor OF
| the State OF New York, and said publica-
J ton also charges i'm effect that the plain
! tin blackmaied individuals and corpora
! tons i'm connection with the collection of
campaign funds"
/ Following the publication or Mr.. Hem
Willingness To appear before the investl-
I gator at any time and place he might
, designate. Mr. HennCssy then iiXed the
! hearing AT Albany at 10 o'clock this
morning. After waiting with stenogIa-
pliers for half an hour at the appointed
! time aud place. Mr.. IIennessy announced
that as neither Mack nor Arthur \. Nc
Lean. Of Newburgh. treasurer Of the
Democratic state Committee. had ap-
peared the session stood adjourned. and
he would make a statement later in the
day.
He added that Mr. Mclean mad beeu
served with a subpoena and had accepted
the usual fee in that connection. also that
Mr. Mack had specifically agreed 10 be
present promptly At the appointed time.
Mir Hennessy had hardly left the hear
ing chamber when Mr.. Reilly appeared.
explaining that delayed train was re-
sponsible FOR his failure to appear
promptly The service OF the legal papers
followed Together with these papers
Mr. Reilly delivered a letter from Mr..
Macks counsel. Daniel r. kenehck. for
mer Supreme Court Justice. Swing the
reasons f6r Mr. Mack's ppn-appearance.
The letter SAYS:
After an examination Of Your publica
tons | advised Mr. Mack that they are
libellous. and he has accepted your SUE
gestiou that he seek redress in the courts
The bearer of this letter will serve you
with a summons and complaint in AL ac-
ton FOR libel In the Supreme court il
YOU will nile your answer speedily We can
assure you prompt trial Of The action
Under NY instructions. flr. Mack Will
not appear before YOU, inasmuch ar the
law under which you exercise official
powers Confers no authority upon YOU
whatever 10 conduct an examination Of
Mr. Mack. and your newspaper prOclnma-
lions on the subject indicate That lou are
hardly fitted to conduct fair and orderly
Investigation into these matters Il you
had the authority.
"The personal vilincation contained ~
your publications requires that this mni-
ter be lifted from the low level OF fac
tional bitterness and that the disposition
OF the matter be intrusted to an impartial
judicial tribunal"
Mr. Hennessy IN his statement to-day
says he has personal knowledge that
canal and highway contractors and 9th
crs we're biackmailed out of large sums.
- said" the statement proceeds. that
$4,000 had been collected through Mack
that had never been reported. " is my
belief now that the figure Is nearer
$1,000.
Mr. Mack, instead OF coming. sent
his secretary 10 serve me with d libel
suit In the letter explaining this suit
ne announces that under instructions
from his counsel he viii not appear be-
fore me- In his letter also he states
that II I will answer the suit for libel
they will guarantee me speedy trial
in the courts. | will make a speedy all
swer predict that the case VIII never
come to trial Mack could not be drdH n
into the court even by hts two bosom
friends Charley Murphy and Boss litz-
patrick.
~ was ready to-day TO ask him ques-
tons IN relation TO his operations I'm tie
years 1911 and 1912 ! know the men VINO
have been blackmaiied. not only the barge
canal men and the road contractors, but
others OF course. ! am rather itching
to make public the evidence which / have
collected. and ! would have made public
much OF it to-day in the questions which
! would have asked OF Mack. | do not
regard il as wise now to make public
what | have, because ] trust that Cover
nor Sulzer will be able. when relieved OF
the Impeachment resolution, TO call an
extraordinary session of the grand jury
In Albany County. and there | will prove
everything that ! have said respecting
Mack, Kelly, OF Syracuse; Fowler, OF
Kingston. and Mclean"
Concerning Mr.. Mclean. treasurer OF
the Democratic state Committee. who
also failed To appear, the statement says:
Mclean. Of course. does not dare 10
come in any event. Ills case is for the
first grand jury We can take il to-.
Charges of the gravest nature respect
ing the alleged misuse of campaign funds
are included In Mr.. Henncssy's statement
The action brought by Mr.. Mack ac-
cording to the complaint deals only with
alleged transportation Of moneys con-
tributed by others as a campaign fund
toward the election of John A. Dix AZ
Governor OF the State OF New York"
This was IN 1910. Mr.. Hennessy's state
ment TO day. however. is confined 10 al
/ legged transactions OF 1911 and 1912.
| According to MIR. Reilly Mr. Mack had
. nothing whatever to do with state cam
paign funds In 1910. He was chairman Of
/ the state committee for "A short period in
| 1911. following the resignation OF Winfield
! A. Iuppuch and was chairman OF the
( executive committee In 1912.
"Of course" said Mr.. Reilly, MIR. Mack