The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-28
RUBINO DEFEATED IN
FIGHT ON HENNESSY
Osborne Dismisses Charge That
Investigator Got 49,
500 Graft.
BOTH SIDES MARK TIME
Hennessy Refuses to state I'm.
der Oath That Delaney
P0cketed Cash.

mo cn6rke OF henry n. Rublno, counsel
for the warner-Quinian Asphalt Company,
that John A. Hennessy had accepted
$4,000 was dismissed by Commissioner
James w. Osborne yesterday. Mr. Hen
messy moved that this be done after he
and Mr.. Rubino and Mr.. Osborne had
wrangled for nearly an hour and a half
over that and other matters
Mr.. Rubino tried to get Hennessy TO
testify under oath that money from the
Warner-Qunian company was passed to
John H. Delaney by Rubino and that a
change beneficial to the company resulted
This Hnnessy refused to do unless Mr..
Rubino would restore the charge that
Hennessy participated in a similar benefit
to the Barber Asphalt Company, a charge
which Mr.. Rublno withdrew with the
statement that he could not prove IL
In examining Mr.. Hennessy as TO the
sources OF the fund, Of which Henry L.
Stoddard, editor OF the Euening Mail. had
charge, Mr.. Rubino sought to show that
Joseph Murphy OF Troy one Of tho con-
tributors. was the financial agent OF John
Z. Consalus. a contractor whose name
has been mentioned frequently In the graft
investigations here and In Albany
Il don't know about that" was Hen
nessy's reply. but II didn't make any
difference to me. I dug UP two Of Con-
against him to the Grand Jury Of Rensse-
laer county"
Here Mr.. Osborne broke in to say that
Re couldn't see what difference the char
acter OF the contributors made so long
as II didn't influence the Investigation.
Well" said Rubino. you wouldn't 20
to Charles +. Murphy II you wanted
In 1., -
would you?''
IL might" said Mr.. Osborne
You wouldn't get it," said Hennessy.
Contractor Gave aI,SOO.
Henry p. Burghard OF Buffalo contrib
uted $1,000 TO the fund Mr.. Rublno
wanted TO know II Mr.. Burgard was not
one OF the highway contractors. Mr.. Hen
messy said he had no contracts at that
time. Mr.. Rubino wanted to know If he
had canal contracts. Hennessy said he had
one barge canal contract but that under
the terms OF his commission he couldn't
have Investigated il. Mr.. Rubino wanted
TO know II Mr.. Hennessy didn't go into
Erie county to help Bursard In a politi-
cal fight
II went in there to lick Fitzpatrick. -
said Hennessy. land we did lick him I
didn't care who was helped. II was the
same situation as We had here last fall
wanted TO beat Tammany Hall wasn't
concerned 40 much about those who were
helped. l went TO Buffalo also to get evil
dence or graft. Indictments have been
found on that evidence and we licked
Fitzpatrick two to one In the bargain"
Rubino sought to create doubt OF the
truth OF the testimony OF Hennessy that
he had spent $500 OF his own money
In the graft investigation by showing
that $500 was paid to a man named
I'M o0 ,-att h,,r
spent on Hennessy and his coworkers
Hennessy said that Martin did spend
considerable money. but denied that he
ever paid Hennessys railroad bills.
Another line Of attack by Rubino was
based on the $1,000 paid into the fund
as the contribution OF Max Hertz whom
Hennessy described as a nrebug and
crook. Rubino indimated by his aues-
tons that he believed Hertz contributed
in order to influence Gov Sulzer to give
him a pardon.
Got warni"s From warden.
Hennessys reply 70 this was that
Warden Clancy Of Sing Sing tipped him
OF that Hertz had jail record Hem
messy said he wrote TO Stoddard and
told him not to accept the check OF such
a man, Mr.. stoddard's reply was that
the check came back marked Not sum
cient funds"
Rubino disputed Hennessy's account Of
this transaction. Hennessy then produced
the letter written by him To Stoddard,
and the applause from spectators ms II
was read was so great that Mr.. Osborne
threatened to clear the room. Mr. Stod-
dard then produced the returned check
and again Hennessy's statement was
substantiated.
AS no progress either way was be-
ing made and as the charge that Hen
messy accepted $4,000 from the Barber
Asphalt Company had hardly been
touched upon. Hennessys motion to dis
miss the charge was promptly granted
by Commissioner Osborne.
The Assembly graft investigating com
mttee will have its first hearing this
morning at the city Hall Former Gov
ernor William Sulzer. John A. Hennessy
and Joseph Curren, who has been ssso-
ciated with Mr.. Hennessy in the inves-
tlgation OF highways. have been sub
pHnaed as witnesses.
Mr.. Hennessy and Mr.. Curren spent
some time yesterday with John X. Clark.
counsel to the committee, going over
highway matters that are to he brought
out before the committee to-day.