The evening world. [volume] (New York, N.Y.) 1887-1931, 1914-01-29
Dismisses Grand Jury Without
Presenting Cases Against
Bensel, Peck, Reel, Foley. '
GOVERNOR MAY ACT.
Osborne Will Appeal Unless
Special Grand Jury Is
Called for Work.
BIZ Samuel NJ. Wiliidnss.
(stsm Correspondent o. The Eve.
nlnu Worldly

ming Worldly
ALBANY. N. Y. Jan. 2s.-District-
Attorney Alexander Of Albany
County to-day dismissed the Grand
Jury without presenting to II the
cases OF former Highways Depart
ment on,ciais. including state Engi-
neer Ben6el. Superintendent Of Public
Works Peck. former Superintendent
Of Highways Reel and Deputy Sup
erintendent Foley.
Investigator Osborne was much en-.
ragged and declared that he would
ask Gov. Olynn to appoint . special
deputy Attorney General TO take up
the prosecution. After some minutes
Of excitement. compromise was
reached that the District Attorney
would take UP the proposition Of
calling later q special Grand Jury to
pass upon the Highway graft cases.
Alexander issued a statement this
afternoon saying he would not pre-
sent Osborne's charges Of "irregu-
larities" TO the Grand Jury.
PROSECUTOR SAYS NO CRIME
HAS BEEN COMMITTED.
Osborne submitted testimony to
Alexander tending to show that Reel.
Peck and Bensel approved SIS road
contracts. involving an expenditure
OF $1,000 900. without public bidding.
Osborne declared this illegal.
Alexander said that under section
40 OF the Highway law "such con.
tracts are not required 10 b let by
public bidding. and I. therefore. do
not expect to present the question to
tho Grand Jury"
Osborne And Arthur +. Warner, his
associate. arc without an once In
tho Capitol to-day. When they ar.
rived at tho room they have been
using they found II In possession oil
a clerk for the Senate Committee on
Insurance.
Warner said he didn't know where
they would examine witnesses pre-.
liminary to the hearing In the Assem-
bly, parlor and didn't know where bis
papers had been put. He knew moth
ing OF what had taken place until
he arrived to-day. although the Sen.
ate took action yesterday to ouat him.
SAYS THE oierRicT-ATToRNEv
MUST TAKE ACTION.
"The District Attorney seems to be
in a negative state Of mind" Mr.. o.
borne said later. As soon a. I get q
DEFINITE statement Of his position
shall know what to do. He had bot =
ter get into . positive state Of mind
pretty soon.
"Ths question Of law 10 not dsbat.
sbIs. One might - we'll have had
three cats acting - Highway Com.
n,issionsrs. They permitted Foley q
award contracts meaning the sxpsn
diturs Of 100000 Of the ststs',
money. esvsnty.6vs per cent. Of thai
money wss wasted Thsn they met
approved oil the contracts In Q breath
pattsd Foley on The back and said
We'll done. thou coed and falthsu
servant"
Osborne continued his probing to.
day into tho scandal Of the Cans
joharie Road In Montgomery County
where $4,000 were spent on q
$4,000 Job.
Peter v. Baird. the contractor. APP
peared at the Capitol with = lawyer
but Mr.. Osborne refused to subpoena
him 90 that he could get immunity.
DAlb0 Case RgFGRRGo TO
| GRAND JURY.
~ have referred your cnse TO the
District-Attorney for presentation u
tho Grand jury" said the invest.
gator.
Osborne started after officials and
employees OF the Highway Depart.
ment who inspected and passed the
work. He called for q Mr.. McCloud
who was assistant engineer under
supt. Gordon Reel. There was nc
answer.
J II have been looking for Mr.. Nc.
Cloud. but l understand he has qui,
tho Highway Department and left
tho State. II there are any friends OF
his here l wish they would tell him
In want him here" he said.
Mr.. Osborne proc iced official re-
ports signed Miles J. OBrien. Sup
erintendent Of Repairs. first certify
Ing that tho road had been we'll bull
In accordance with specifications
Then, when tho contractors wante<
10 get moro money In repairs. O'Brisr
certified that the road was In ba~
condition.
Calling the names OF the engineer
and inspectors who had to do with
; the road. Mr.. Osborne showed tha
they were closely connected with thu
Democratic organisation OF Mont
gomery County and q part Of thu
ring. Inspector Wsmple was son o
the county chairman. who was ais,
. riag contractor. Inspector Dugan'l