The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-03-03
FOWLER WINS FIGHT
TOAVOID TRIAL HERE
Court Rules Alleged ExtortiOn
Of "Bagman" Wasn't
Committed Here.
WHITMAN WILL APPEAL
Hassett Refuses to Plead in
$4,000 Graft Case-Trial
Set for March 16.
WHITMAN WILL APPEAL

Supreme Court Justice Vernon NJ. Davis
handed down an opinion yesterday sus-
tanning the demurrer TO the indictment of
Everett Fowler for extortlon. District
Attorney Whitman announced that he
would take the case to the Appellate
Division Immediately.
The demurrer is sustained on the
ground that the alleged crime for which
Fowler was indicted was committed either
In Cortland or Onondaga county and
that the part OF the transaction which
the District Attorney maintains was es-
sential to the completion OF the extort!on
was in fact not a part OF It. The
Endorsement OF check in this city by
Arthur A. Mclean and the depos!ting Of
the money to the account OF the Demo-
cratic State committee are held by Justice
Davis not to be successive steps in the
extortion.
Mr., Fowler. a lawyer OF Kingston. n. Y,
was alleged TO be the chief "bagman" OF
the Democratic State committee to collect
campaign contributions from highway con-
tractors. He ives the first man to be
indicted as a result OF the John Doc in
curry.
Accuser Told Of Thrents.
The complainant against him in this
case was Seneca +. Hull OF Cortland In
1911 Hull had the contract for the con-
struction OF a highway from Truxton to
De Ruyter. II called for an expenditure
OF S?3,56s.32. In October OF 1911 Hull
received a letter from State Committee
man William II. Kelly OF Syracuse and In
response to IL went to Syracuse. There
he met Everett Fowler who was taking
campaign contributions.
Hull IL a Republican and when ne was
asked to contribute he said he would not.
He testified in the John Doe inquiry and
later before the Grand Jury that Fowler
then threatentd to hamper him in carry
Ing out his contract unless he contributed
The result was that Hull drew a check
for $3.50 on the National Bank OF Cort-
land and sent 1t to Norman l.. Mack who
was at that time chairman OF the Demo-
cratic committee. The check was Endorsed
and sent to headquarters In this city.
Here 1t was rubber stamped by Arthur
A. Mclean and deposited at the Fourth
National Bank to the credit Of the Demo-
cratic State committee.
Martin w. Littleton, counsel for Fow-
Ter, demufred to the Indictment on the
ground that the special Grand Jury had
no authority TO indict. that the alleged
crime was committed either in Cortland
or Onondaga county and that II was not
partly committed In New York county
Mr.. Whitman argued that the extortion
was not completed until Mr.. Mclean de-
posted Vhe money to the account OF the
Democratic State committee and that the
crime was therefore partly committed In
New York county.
Hassett Trial Set for March 10.
Thomas J. Hassett under indictment
for attempting to obtain $4,000 under
false pretneces from Anthony C. Douglass
an aqueduct contractor. refused TO plead
yesterday. His counsel submitted a
memorandum setting forth that since
there was ono Grand Jury sitting In New
York county with general powers at the
time the indictment was returned all In
dictments returned by the special Grand
Jury sitting In the graft cases are null
and void.
Justice seabury directed that q plea Of
not guilty be entered for Hassett. and then
hxed March 10 as the date for the begin
Ming OF the trial.
That the Ashokan reservoir basin was
known a. plum land" and that those
who got Jobs as title searchers. apprais-
ers and condemnation commissioners were
known AZ plum landers" was the testl-
mony Of witnesses called yesterday in
the John Doc proceedings. One Of the
witnesses franldy declared that New York
city would have made money by buying
the whole Of Ulster county outright and
then proceeding TO build its aq,educt