New-York tribune., 1913-11-26
]. K. MCGUIRE NOT
ABOARD CARACAS
Wireless Message from
Captain to Tribune Spolls
Plan to Arrest Him.
IJTTLETON MOVES
TO SAVE FOWLER
Raises Question of Jurisdiction
for Politician Indicted
as "Bagman."

John X. Mcclure, formerly the Boy
Navor" of Syracuse, indicted Monda! III
the John Doe state contract graIt pro-
ceedings. will not be arrested to-morro"
morning. as planned by District Attorney
Whitman.
\ wireless message from the command
or Of the Red ID" liner Caracas. on Which
Mcclure was said TO be returning from
baetv trim TO South America, was re-
ceived by The Tribune last night II
stated Mcclure was not aboard Inc
message read:
"SS. Caracas. at Sea, November %
James X. Mcclure is not passenger oi'
hoard CAPTAIN IS. CARACAS.
information was brought to the District
Attorneys office Yesterday that James Il.
Mcclure. formerly the boy Mayor oi
Syracuse. indicted Monday for violation
of the general corporation law, in So
Hciting a political contribution from
corporation. was returning from South
America on the Caracas, of the Ked -
line.
George II. Mcclure. the indicted man
brother. testified last week that James
X. Mcclure had sailed for South Amerl-
"a the previous week. He was not un-
der indictment at that time.
Assistant District Attorney Clark made
arrangements to have Detective Edward
Leigh. of the District Attorneys STAN
sent down the bay on the revenue cutter
70 meet the Caracas on Thanksgiving Day
morning. Leigh will have with him the
bench warrant for McGuire's arrest IS
sued on Monday by Judge Grain In Gen
eral Sessions.
Martin w. Lttleton. who will defend
Everett p. Fowler, the Murphy upstate
baguan" indicted for eXtortion. began
work Yesterday on the moves by when
he hopes to have the trial taken out o.
this county and away from the jurisdie-
ton Of District Attorney Whitman.
He appeared before Justice Vernon NJ.
Davis. in the Criminal Branch OF the
Supreme Court, with a motion for an IN
spection Of the grand jury minutes. At
the same time he moved for dismissal
Of the indictment on the ground that II
any crime had been committed II was
consummated in either Cortland or Onon-
daga counties.
Nr Clark. who opposed the motions, ar
gued that the consummation of the crime
came only when the check of Seneca =.
Hull. the Cortland County contractor,
on whose evidence the charge was maze,
was cdshed in This county by Arthur \.
Mclean. the Democratic State Treasurer.
Clark will put in brief in opposition
TO Littletons application for an inspec-
tion OF the grand jury minutes, and Jus
tice Davis will give his decision Wednes-
day
Fillmore Condit. New York representa-
tive OF the Union Oil Company, of Call
fornia, from whom, it is charged. Nc
Guire solicited campaign contribution
said yesterday that the first inquiries
about his dealings with Mcclure came
from persons close TO the inner circles Of
Tammany Hall.
As Condit explained it. the idea had
apparently been TO use the Mcclure af-
fair. which was broadly an attempt 10
deal in specifications Of the Highway De
Iartment. as an additional weapon
against Governor Sulzer in the impeach-
ment proceedings.
Early last summer, before Sulzer was
imreached. and when the Frawley com
mittee was just beginning the work that
later eliminated in the charges against
the Governor Condit said, Arthur 3.
Chamberlain came to him for information
as TO exactly what kind of proposition
Mcclure had put up to him.
Chamberlain is the same man who was
forced by Mr.. Whitman at the John Doe
inquiry last Monday TO admit that he
attempted 10 advise Condit of what he
ought to testify TO before the grand jury.
and particularly 10 advise him that he
ought not to bring in the name Of the
Democratic party or the state committee.
AS Condit understood Chamberlain 8
first mission, he was there as Tammany
representative trying to get something
on Sulzer. As the Tammany Investigation
proceeded, however. IL was disclosed that
, some OF Tammany's most powerful allies
upstate such as William ii. Kelley. Of
Syracuse. and the crowd brought into the
affair through Fowler's "hold-up' ses-
sions with contractors. following Nc
Cures small "hold-ups." Norman T.
Mack and Arthur 4. Mclean were all
more or less connected with the same
general line along which the McGuires
had been working, and thereupon Tam
many dropped any possible attack on
Sulzer from that direction.
Condit took his information TO the Of
fee of Lewis II. Pounds. then acting
Borough President Of Brooklyn. with the
idea that il might be a useful story 10
bring forward in the recent Fusion-Tam-
many fight. but he did not have an op-
portunity to talk it over with Mr.. Pounds,
and the material was not used in the
campaign.