The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-01-14
4, 4, M'LEAN GUILTY:
SENTENCE WITHHELD
Democratic state Treasurer Adj
mits Violating Campaign
Fund Law.
WHITMAN IS SATISFIED
Fowler, Alleged BagmaA, Pleads
Not Guilty-Gaffney Case
Before Grand Jury.

Arthur \. Mclean, treasurer of the
Democratic state committee, pleaded
guilty yesterday in the Criminal Branch
Of the Supreme Court to ali indictment
charging him with having accepted CAM
paign contribution from a corporation.
Sentence was suspended by Justice Vernon
NJ Davis after District Attorney Whit
man had declared that the exaction OF the
full penalty would I've an injustice in this
particular case.
Within an hour after Mr.. Mclean. ac-
conpanied by his counsel, ex-Judgc Nor
gan J. O'Brien and John Il. Stanchiield,
had left the court room. Everett Fowler.
| accompanied by Martin W. Littleton. ap.
peared and pleaded not guilty to an indict-
inent charging MIN with extorting n cam
paign contribution. lie had already
ing that he unawfully solicited the contri.
| button for the acceptance Of which Me-
| Lean was indicted.
Fowler had hardly left the Criminal
Courts Building after having his nail
bond renewed than the Grand Jury which
indicted him and Mclean resumed its in
uviry into the awarding of contracts for
| the aqueduct. a subject which Is being In
| ves;igated along with the State highway
contract and campaign contribution scan
| dal.
Hanger Repeats Ga4ney story.
Harry r. Hanger OF the firm OF Mason
| 4 Hanger. "a Kentucky corporatio was
! tn. witness. He was asked to review testl-
! mony given by him at Nyack last Septem-
| Der. when ne swore that he paid 100000 u
James H. GafYney Tor advice AZ to how to
| succeed In getting contract for which
| the Mason 4 Hanger concern was the
lowest bidder.
| 1t is understood that Hanger corrected
| his previous testimony yesterday to the
extent of shortening the time between his
payment OF $4,000 and the award OF the
| contract
| The Indictment against Mclean was
| filed on December 4. II was based chiefly
or the testimony Of Harold V. Owens OF
Dale Engineering Company. New Yorb
! corporation. which In 1912 had State
highway contracts aggregating $3.50. 900
Owens testified that In October OF that
year he went 10 Syracuse at the sugges
| ton of state Senator 7. Harvey Ferri,
! and there, In company with other contrac
tors. met Everett Fowler. He said h.
WAS called into an office and tina, Fowler
told him he expected "a campaign contr
button of $1,000. OweCs refused to Civ,
that much. and finally beat Fowler dow,
to 1900. He gave Fowler a check for tina
amount and at his direction made II paya
BILE TO Arthur y. Mclean.
Endorsed - NcLean's Hamavsvtsi.u
The CHECK showed that q had been In
| dors.d by Mclean In his own handwriting
and no; by rubber stamp. As were man,
OF those which he received from highv a,
contractors
The acceptance Of a campaign contribu
ton from a corporation is "A violation O
section ~ Of the general CORPORATION
law. BY the same Law il liz ais,
made a misdemeanor to solicit tn. con
ltribufion OF "A corporation. The penalt,
Tor this crime is year In prison
or fine OF $1,000. or both.
Mr.. Littleton said that McLean's pie,
would not affect Fowlers case in the lea s,
The superced:ng indictment for eXtor
ton, 10 which Fowler pleaded not guilt,
Yesterday. can be demurred to by Mr.
Littleton on the ground OF lack OF juris
Idiction. In the event the demurrer Ia sus
ltained by Justice Davis the District Al
ltorney may then appeal to the Appellate
| DIVISION. and IN the event OF his appe.t
being successful Mr.. Littleton could 1,
In these possibilities as outlined by boil
sides there IL an intimatioh that the a,es
ton OF jurisdiction IN Fowler's case vii
not be settled for at least a year
Points to McLean's Good Record.
In asking leave TO withdraw his client
previous plea OF not guilty Mr.: Stanch
held told Justice Davis he understood
that the second indictment against Nc
Lean would be dismissed. He points
out that Mr. Mclean WAS upwards Of sixt
years old that he had been q residen
OF Newburgh nearly all his life, and tina
Dung the thirty years ne had been 4
! business there his character had neve
been questioned. One OF McLehn's son
IL physician in New York, another Is u
army officer and "a third is at Yves
Point
| MT. Stanchfeld then read several letter
setting forth the reputabil.ty Of his Glen
One was from Charles r. Brown. fornierl
"a Justice OF the Court OF Appeals anothe
was from Judge Hirschbcrg OF the Appel
late Division. The other letters were fror
Mayor John II. Corwin Of Newhurgi
Frederick w. Wilson and President Co
we'll OF the Colwell Lawn Mower Manufas
turing Comnany.
Mr.. Whitman. in addressing the cour
, pointed out the prevalence OF the custoi
OF soliciting. making and receiving can
, l p"iSu tTOu COTpDTatlOnA an
! declared that It was more than possib
; that Mclean was not aware Of tn,
gravity OF his offence.
"Of course" he continued. "the funds
, mental purpose Of a prosecution of tn
. kind Is the destruction OF a system whc
has become more or less firmly estal
. lished. contrary to law. and to prever
the repetition Of the acts complained o
l believe that tho purpose Is accompiishe
In the conviction OF this defendant.
These indictments are the first TO
, found In this state. 80 far as / am !,
a formed. In the effort to secure the enforc,
ment OF this statute. and I believe thu
, this conviction will prevent It's Violate
: In the future
Cash IL Accounted For.
Mr.. Whitman having told tho cou
that he did not believe that Mclean ha
profited In any way from the system
p campaing collecting. Mr. Stanchheld WI
asked what became OF the thousands
dollars that Mclean recsived. but whie
. were not accounted for In tho statemen
0 which Mclean filed with the Secretary
"A State. Mr.. Stanchfed said II would