The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-18
BENSEL BALKS
AT GRAND JURY


Conrnted rom FVS rage.
to testify was circulated early. In the
Grand Jury anteroom were prospective
Witnesses and their counsel. ainnog them
James G. Toole, attorney for r. Il. Kill
leen. secretary to James II. Ganney and
formerly secretary to the New York Con-
tracing Company; william Travers
Jerome. counsel to Henry Steers. a direc-
tor OF Henry Steers, Inc. and OF the
Bradley -qafney- steers Company. and
Arthur ]. Baldwin. attorney for the
executors Of the Joseph d. Carroll estate.
Mr. Bensel and his attorney were In
one OF Mr.. Whitmans offices until
o'clock. when they went to the anteroom
of the Grand Jury. The Grand Jury
session was temporarily suspended. Mr..
whitman and John X. Clark appeared.
In the conversation between Mr.. Whit
man and Mr.. Rose II developed that Mr..
Bensel though no had signed a waiver on
MS previous appearance before the Grand
Jury. would not sign another and would
not go before the Grand Jury with the
understanding that tho old waiver was to
hold for his second appearance. Next
Mr.. Rose objected because the first waiver
was general and not specific In its terms.
Mr.. Whitman argued long with Mr..
Rose. pointing out that 1t was serious
thing for State official to insist on
Immunity before going before the Grand
jury: that It hindered the graft inquiry.
lie promised that only questions pertain
Ing to Official acts would be asked OF Mr..
Bensel. nothing regarding his acts be-
fore taking office.
Mr.. Rose insisted on immunity and said
he would advise his client not to waive
Immunity. He consulted Mr.. Bensel,
showed him the waiver, and then returned
to Mr.. Whitman. saying that MIR. Bensel
would not sign II.
When mention was made that Mr.
Bensel had signed the paper on a pre-
vious occasion Mr.. Rose replied: well
the others signed II then too" II seems
that at that time Mr. Bensel and other
state officials went to Mr. Whtman's
Office IN a group and before going before
the Grand Jury they were closeted with
Mr.. whitman in his private Office. There
were present ex-Lieut. Thomas r.
Conway. Duncan W. Peck, Superintendent
OF Public Works Mitchell May Secretary
OF state; John J. Kennedy. State Treas
urer. who on Sunday committed suicide
Edward Lazansky, ex-Secretary OF State,
and Mr.. Bensel.
All Agreed 70 Sign Waiver.
Mr.. Whitman outlined TO them what
questions would be asked and wanted to
know II the men would waive immunity
the onicials were seated In a semicircle
and one looked at the other Finally one
the others chimed in. ON that occasion
Mr.. Bensel was vague in his answers con-
corning contracts awarded by boards OF
which he was member.
The Grand Jury followed three lines OF
inquiry yesterday afternoon. One related
to Henry Steers and the contracting com
pany with which he was connected He
spent almost an hour before the jury
and came out once TO get lot OF vouchers
which he had left with Mr.. Jerome Mr.
steers was once a partner In the contract
ing business with Bensel. lie purchased
Benssrs interest in 1897 and since that
time the two men have had no business
relations. their friends say.
The Grand Jury continued its inquiry
into "the boatioad Of stone" the term
used for the hi.25o that was turned over
TO James c. shaw by n representative Of
Patterson 4 Bros. for an aqueduct con-
tract.
Arthur J. Baldwin. an attorney for the
executor OF the Joseph n. Carroll estate.
was questioned as TO certain papers Of Mr..
Carroll. John NJ. Murphy, representative
OF Warren Bros. OF Boston, testified
that he received sac for having paw
Ing specifications provide for the use OF
warrenAts be said he gave $4,000 AS a
campaign contribution and that the re-
mainder was TO be divided among himself.
Gaffney and Carroll.
Charles ". Locker OF Grant Smith &
Go was Questioned In regard to negotia-
tons for contract s5 OF the aau.duct. His
bid was the lowest and when there was
doubt raised as TO the financial responsl-
billy OF his firm he deposited q certified
check for 100000 with tho BOARD Of
Water Supply.
sa6ney's Secretary Quesston.d.
Fred r. kelleen, who for more than ten
years has been. secretary 10 Gaffn,y aIso