New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-29
BENSEL CLEARED
OF ROAD CHARGES
Peck, Reel and Foley Are
Exonerated by Albany
Grand Jury.
OFFERS NO COMMENT
ON FAILURE TO iNDICT
Case Which Caused Statewide
Scandal Apparently at
an End.

Scandal Apparently al
an End.
tBy Telegraph TO The Tribune
Albany. April 23.-Without comment the
Albany County Grand Jury to-day exon
Grated State Engineer John y. Bensel'
Superintendent Of Public Works Duncan
W. Peck and G. Gordon Reel. members
Of the Dix Highway Commission and
Charles i. Foley, the first deputy super
| ntendent OF highways under them. They
had been charged with neglect OF duty
and official misconduct. which caused
statewide scandal al the close OF the
Dix administration and up TO two months
ago had been the subject of almost con-
tinuous state and county Investigations.
Numerous indictments and convictions
have been found in several counties
/ against highway contractors and otheF
grand Jury inquiries are pending. but by
the action of the Albany County Grand
Jury the men in charge Of the Highway
Department at the time Of the alleged
wronedoing get a clean bill of health.
The presentroent of the grand Jury says
no indictments were found The evidence
upon which the highway graft charges
were based was presented in part to Dis
trict Attorney Alexander by James w.
Osborne, Governor Glynn's special inves-
/ tigator.
Contracts TO FaVorites.
Mr.. Osborne charged that Foley had
given out 3l8 maintenance contracts in
1912 TO political favortes before they were
approved by the commission. The com
mission on October %. 1912, formally
awarded the contracts. In many cases
the work had already been completed and
IL was charged that, in some instances.
the commission did not give it's approval
until after the contractors had contrib
uted 10 the Democratic campaign fund.
Testimony taken before Mr.. Osborne
showed that many Of these repaired roads
fell TO pieces within a year after the work
was completed.
Foley pleaded ignorance that what be
/ had done was wrong. Peck and Bensel
shifted the responsibility on TO Reel, and
Reel was not allowed 10 testify because
( he refused to waive immunity.
Mr.. Osborne charged that more than
100000 was lost 10 the state by the
negligence of the Dix Highway Commits
sion in the letting Of the maintenance
contracts.
The report OF the grand jury stated;
4 "In the case of John \. Bcnsel, Dun
can W. Peck and &. Gordon Reel
charged with wilfully neglecting in NJ
bany in this county duty onjoined upon
them by law as State Highway Commits
sioners in approving repair contracts for
state highways for the year 1912, without
examination on October o. 1912, the grand
Jury. after examining the testimony OF
Harry +. Condor. Howard Carpenter
Helen A. Dolan. Thomas +. Smythe, Ar
thur II. Blanchard, James +. Frazte,
James W. slaght. George NJ. Taylor, Paul
McLoud. s. d. Gilbert, Leland W. irish
Ralph Russo, Archibald Il. Culver, James
Z. Brady. Alfred +. Merrick, jerry
Finch. Edward f. Weeks. w. T. Ne
Laughlin ana Esler Sherwood finds no
indictments"
Charge Against Foley.
The rcrort in reference to Foley was
similarly worded, except that he was
charged with neglect of duty as Deputy
SUPERINTENDENT OF Highways for the year
1912 "in acting without authority from
April 10 10 October %" The witnesses
were practically the same. They were
all state employees or special investi-
gators.
Neither District Attorney Alexander
nor State Engineer Bensel would com
ment on the grand jurys action. Early
to the various newspaper mon in envel
opcs OF the State Engineers office. state
mcnts that the jury had adopted this res
, olution:
I've the members OF the grand jurv
find that the Highway Commission as or
! ganized during the period covered by ~
! evidence was I'm effect sngle-headcd, al
% though in the form of commission. anl
$ that two members Of the commission. th,
state Engineer and the Superintendent
Of Public Works, were, by statute. sim
ply TO act in an advisory capacity, anC
that the requirements of their offices IRE
cluded any other possibility. and the!
are therefore, i'm our opinion cntirei!
free from any properly directed criticism
in regard to the conditions TO which tin
. attention OF the grand jury of Alban!
County was called.
This resolution. it was learned later
was handed to Bcnsel by the foreman o
= the grand jury. 1t was not made a PUP
lie record.
Binghamton. y. Y, April 9Th.
Broome County grand jury is deep in IL,
state highway probe. and witnesses re
fore il indicate "A searching investlya.
ton. II is announced that George Hol-
. royd and George BOughton, OF Albany
representing the Hollngton Contracting
Company, will bee important witnesses
BRITISH ENGINEER