The Birmingham age-herald., 1914-01-26
Two Former Officials Also
Are Charged With
Malfeasance
SULZER WILL BE
PLACED ON STAND
Expected That His Examination Will
Take Much Time-Whitmau Will
Try to Identify the Mysteri-
Gus Mr.. Gaffney

| New York, January 25.-The fmme
date indictment of two present and
two former state officials on charges
of malfeasance in office will be sought
| in Albany county, 1t was announced
here tonight by James W. Osborne. ap-
pointed by Governor Glynn to investi-
gate alleged highway and barge canal
graft. Osborne left for Albany tonight
| to place the matter before the dis
trict attorney. He will seek indictments
against John Bensel, state engineer:
Duncan w. Peck. superintendent of
public works; c. Gordon Reel. former
superintendent of highway, and Charles
f. Foley. former deputy highway COM
missioner
Osborne was incensed by reports that
Attorney General Carmody did not con-
slider there had been a violation of the
law in the manner in which Foley was
permitted TO award more than 800 high
way contracts.
If District Attorney Whitman meets
with opposition at banks throughout
the state in his investigation of de-
posit accounts of Charles f. Murphy,
Tammany leader, and James E. Gaffney,
his associate, Mr. Osborne's state wide
powers will be brought to Mr. Whit
mans aid, Mr.. Osborne said tonight
1t was learned today that besides
the accounts of Murphy and Gaffney
the district attorney has under exam
ination those of Bensel, Peck Reel and
Foley; Phillip Il, Donohue, treasurer of
Tammany Hall; Arthur A. Mclean
treasurer of the democratic state COM
mittee, who recently pleaded guilty to
a charge of accepting a campaign con-
tribution from a corporation; and Ev-
erett p. Fowler of Kingston, former
member of the committee. who is await
ing trial on charge of extortion.
To Examine Sulzer
The examination of William Sulzer and
documentary evidence he has supplied is
expected to occupy the greater part of
| Mr.. Whitman's time this week. Sulzer
will take the stand again at the resump-
ton OF the John Doe inquiry. The pros
ecutor plans to question him regarding
the alleged conspiracy that led to his
/ impeachment. '.-+--.-as- -- -ssss4sls.
In this connection Mr.. Whitman will
try ohave identified the man 'Gaffnev. .
who, according to testimony recently ad-
duced, tried to assess James G. Stew
art, millionaire contractor. for n campaign
contribution after Stewart bid for barge
canal construction work. Stewart as a
witness was unable to identify "Gaffney''
as James f. Gaffney. Sulzer last week
testified that United States Senator James
A. O'Gorman told him that James e.
Gaffney was Murphy's 'chief bagman,"
and had tried to hold up Stewart for
100000
Mr.. Whitman has changed his mind
about calling Senator O'Gorman to the
stand, as he believes Stewart will give
fresh testimony when he is recalled
On behalf of the law firm of which
Senator O'Gorman is a member Alumuth
c. Vandver, associated with him. gave
out tonight a statement explaining the
senator's connection with the "Gaffney"
incident. The firm has for number of
years represented the contracting COM
pany of which Stewart is a member.
Stewart. according to the statement,
first called Senator OGorman's atten-
ton to the incident on December 2f, 1912
The statement continues:
Sulzer Was Informed
"On the following Monday the senator
obtained Mr. Stewards permission to con-
vey the information to Mr.. Sulzer then
governor-elect, and on December 27 the
senator called at Mr. Sulzers office in
New York and told the governor what
had been told him by Stewart.
Furthermore, the senator never COM
municated with Mr. Charles +. Murphy
concerning this matter, either directly or
indirectly, nor did any other member of
our firm The senator did not see Mr..
Murphy between the time of the Syracuse
convention in September 1912, at which
Governor Sulzer was nominated, and the
Inauguration of President Wilson in
Washington, March, 1918
Our client, Mr. Stewart, called on
Mr.. Murphy Immediately after the Incl