The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-19
SAYS KENNEDY
FEARED NO SUIT
Late Treasurer's Lawyer De-
MES Perjury Charge
Was Imminent.
CALLS REPORTS LIES
Not With Murphy, Jr., and
Mcclure in the Bond
ing Business.
DIDN'T ALONE NAME BANKS
Suggests Calling SOhmer as to
Alleged Control Of $780,
100000 Deposits.
DIDN'T ALONE NAME BANKS

oor9er, Jr.. counsel OF the late state
Treasurer John J. Kennedy. made q state
mont tonight oontroverting the asser-
lions that have been made regarding Mr.
kennedy's fear OF perjury proceedings
end that Kennedy intended to testify
ts6arding Tammany mans control of
es0.000,000 of State deposits.
Mr.. Dirnberger asserts In addition an
equal responsibility and authority OF the
State Comptroller over deposits Of State
moneys and suggests the calling of the
Comptroller as witness regarding the
matters In controversy.
State Comptroller Sohmer did not at
tend the Kennedy funeral to-day. 1t is
eaid that he has been III long time in
New York city His deputy. Michael J.
Walsh. was here and started for Albany
with the state officers special at o'clock.
Mr.. pirnberser's statement was as
follows:
'Since Mr.. Kennedy is now dead and
buried. and unable To make reply. /
feel 1t my duty to answer some Of the
statements which have appeared In the
public press during the last few days
concerning him and his affairs
Ne DondinG Business Connection.
"Onc statement conveyed the informa-
con that Mr.. Kennedy feared to appear
again before the Grand Jury or in a
John Doe proceeding before IA Magistrate
because he is alleged TO have made false
statements concerning his relations with
Charles +. Murphy. Jr.. and George
MCGUIRE In connection with their bonding
business and further that proposed
Indictment on charge OF perjury was
contemplated by the Grand Jury. and
This Information. II Is alleged. was inn
parted to me. his counsel. by an assist
ant Of Mr.. Whitman. with Mr.. Whit
mans consent. prior to last Saturday.
"As to the FIRST part OF this charge,
] wish to state that Mr.. Kennedy told
me about the questions which had been
asked of him before the Grand Jury
concerning his supposed connection with
Mr.. Murphy and Mr. Mcclure In relation
TO the bonding business. He told me
that he answered he had no connection
whatever with either of these men in
the bonding business and that, while IL
was true that these men were repreeen-
tatives OF the same company which he had
formerly represented here In Buffalo, and
which company his son now represents
NJ resident secretary. Mr.. Kennedy, the
decedent, had at no time any relations
whatever with these men in the bonding
business.
This statement made to me by Mr.
Kennedy / believe to be absolutely true,
and the facts. when they are ascertained.
after most careful examination, will.
feel certain. verify this statement
Further. rs emphatically as I know
how. ! desire TO characterize as an un-
qualified and deliberate falsehood the
statement that Information from the Dis
tfict Attorneys office, or from any other
source, was at any time conveyed to me to
the effect that any charge OF perjury was
intended 10 be made against Mr.. Kennedy
or that any such charge was in contem-
plation. or that there was any basis upon
which an indictment for perjury could be
found.
1alse and Malicious Statements.
"Surely after this terrible tragedy, when
MI Kennedy Is no more, false and ma
licious statements like this ought not to
b made.
'-rhe other article to the effect that Mr..
Kennedy was about TO testify that q
prominent Tammany official had the con-
troll OF SS0.000,000 Of State money and
named the banks in which deposits should
be made, and that certain bonding inter.
ests' dictated to said mythical politician
vheee said deposits were to be made,
neems absurd upon its face.
In the first place the largest amount
ever had under his control vas in the
n0ghborhood OF $4,000, 900. and that has
bsen Qniy recently. during the last few
weeks During most of last year the
amount OF money under the State Treas
urers control at no time exceeded S4O,-
900, 900.
TN the second place sectdon 9 Of the
0oate hnanoe law provides In - far as Il
relates to this charge AS follows:
The State Treasurer shall deposit all
moneys received by him on account OF the
6tare except such as belong to the canal
fund within three days after receiving the
same In such banks In the cities Of the
STATE an in the opinion Of the Comptroller
ind Treasurer are secure and pay the
highest rate OF interest Of the State for
such deposits
''Since Mr.. Whitman has stated that
he had not evidence OF dishonesty or
wrongdoing against Mr.. Kennedy It seems
70 me that IL Is only fair that speculation
should cease. in print at least, about this
Or that charge against Mr.. Kennedy for
some imaginary misfeasance In Office"