New-York tribune., 1913-11-18
FOWLER BALKS;; WILL.
FIGHT INDICTMENT
Continued from first page.

s23.50O. and according to his story ne
was told that If he did not come
across" the highway inspectors and de-
partment chiefs in Albany would not
pass his work.
The information brought to the pros
ccutor yesterday by Otis has opened up
new line Of investigation into the
Highway Department. 1t Is said, that
will lead indirectly to flank attack
on the campaign fund graft matter. OTIS
brought in again the name OF Charles
r. Foley, a deputy in the department,
who handled the contractors who had
business with the Bureau Of Mainten-
ance and Repairs.
The story is that the repair con-
tractors were required to have the ap-
proval of their respective county chair
men before they had a chance to do
business, and that through the politi-
cal channels thus laid out they were
ready to stand for" political assess
mentS as matter OF cOuTSe'
To Check Up Awards.
So important was this new line or
information considered that Assistant
District Attorney John Kirkland Clark
was sent off to Albany last night with
instructions to check over the entire
list of contractors who secured awards
from the repair bureau within the last
three years.
Clark took with him n number or
pnnas with which to direct cam
pagn from Albany within the next
few DAYS, the result Of which Will be
that every one Of the three hundred
contractors whose names are now
listed in information filed with Whit
man. from different sources Will be
summoned to New York to testify
either in the John Doe inquiry or be-
fore the grand jury, as the District
Attorney decides after examining them.
Henry =. Burgard, of Buffalo, the
Democratic leader of Erie County. who
is also a contractor upstate, will be
the first witness in the John Doe In
auiry tomorrow afternoon. after
George II. Mcclure is disposed Of.
Littleton Gets the Case.
Fowler went to the Criminal Courts
building shortly before II o'clock yester-
day. accompanied by Martin W. Littleton,
who had come into the case suddenly.
William d. Cunningham. the Ulster
County lawyer who had been represent
ing Fowler. and who had given assur-
ances to District Attorney Whitman that
Fowler was ready TO tell everything he
knew Of the campaign fund "sandbag-
glng." had withdrawn from the case as
suddenly as Littleton entered IT,
The indicted man and Mr. Littleton
met Mr.. Whitman in the elevator as they
entered the building and Littleton In
troduced Fowler TO the prosecutor. Lit
tleton and Whitman later had a brief
conference with Judge Grain I'm his cham
bers before Fowler was arraigned.
Fowler meanwhile was refusing 10 an
swer questions put to him by report
ers. and referring all inquirers to his
counsel. Littleton said that Fowler would
not see Whitman at that time. but when
he was asked whether he would take
hls client To see the District Attorney
subsequently. he was not so ready to re-
turn negative.
II would not want TO say now that
Fowler will not talk TO the District At
torney al some future time. / would not
care TO make my answer as broad as that
| cannot tell what the future may bring
forth" said Littleton.
II was just "A few minutes after noon
when Fowler was arraigned His lawyer
entered a plea OF not guilty in his be-
half.
THE defendant desires to plead not
within reasonable time, and to make
such motions as may be deemed neces-
sary." the lawyer said.
Questioned as TO how long n time he
would want by Judge Grain, I.ttleton
asked for ten days and az Whitman In
terposed no objection, the court disposed
OF the case until that time Bail was
fixed at 5000. on Whitman's request. TO
which I1ttleton made no objection. as he
had come 10 court provided I'm advance
wlth n bondsman. an agent representing
one OF the big bonding companies.
Afer The arraignmsnt and pleading
when he obtained a copy of the indicf,
ment, Mr.. Littleton said that the fight
would be made first on the ground thar
the District Attorney and courts OF New
York County had no Jurisdiction in the
case.
IF check was passed i'm Syracuse" no
SAID the trip which that check took
down to New York was In no way reoui-
site to the contamination OF the alleged