The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-18
BENsEL sHUNs GRAND JURY.
state Engineer Refuses to waive
Immunity In Graft Inquiry.

~" MUMMY N srouu inquiry.
John A. Bensei. State Engineer. refused
10 waive immunity yesterday afternoon
preparatory TO going before the Grand
Jury to be questioned in tho graft in
quiry.
The refusal Of Mr. Bersei to give testi.
mony voluntarily is a temporary obstacle
TO the Grand Jury INVESTIGATION Of State
highway, barge canal and aaueduct graft
The waiver which Mr.. Bcnsel refused
TO sign was drawn up by District Attor-
ney Whitman under section 2A6 OF the
Penal Law. in connection with the graft
inquiry. 1t says In part;
Il do hereby waive all immunity which
] would otherwise obtain from penalty for
any transaction concerning which l may
testify or produce evidence before Chief
Magistrate William McAdoo In the City of
New York or before the Grand Jury of
the county OF New York in that action.
Il do hereby further waive any privilege
which I would otherwise obtain against
the use against me Of the testimony 81
given or the evidence so produced upon
any criminal prosecution or proceeding"
Mr., Bensel declined to sign the waiver
though he was assured that he would
be questioned only in regard 10 acts per-
formed either as IA State or a city official
Mr.. Bensel took this oath on becoming
State Engineer
II do solemnly swear Cor affirm) that
will support the Constitution OF the
United States and the Constitution OF the
State OF New York. and that will faith
4, ,IIxs a, ba Int of ho nfyi
State Engineer according to the best OF
my ability"
"siient Sow Gets the swill."
Mr.. Bensel refused TO make any COM
ment. but his attorney. Abram Rose, when
questioned. said;
when / was a boy used TO play with
some German children who had proverb
that ran. The silent SOW always gets the
swill That is my attitude Mt present"
Mr. Whitman declined to make any
statement except to admit the bare facts
OF the case,
The demand Of Mr.. Bensel for i'm
rhunity puts him in the attitude OF balk-
ing for the time being the progress Of the
graft hunt.
The Grand Jurors want to question him
on many matters. Mr.. Whitman had
promised that no question should he asked
of Mr.. Bensel that did not pertain to his
official acts. Mr.. Bensel was mem
Der Of the Board of Water Supply.
which let contracts for the aQueduct. He
was also In tho State Highways Depart
ment and next became state Engineer.
The facts on which the Grand Jury
wanted TO get light related entirely to
those departments. Mr.. Bensei, 1t was
pointed out, In going willingly before ahe
Grand Jury would have been doing his
duty as an officer of the State.
The Grand Jury lacks only one link In
chain Of evidence that would bring
about the Indictment OF two prominent
officials. This link Bensel was expected
TO furnish. The District Attorney must
seek elsewhere for information that he
wants or pledge Mr.. Bensel freedom from
punishment
Many questions would have been asked
Mr.. Bensel by the Grand Jury bearing on
the subjects concerning which no gave
testimony on his previous visit.
Hear Bensel Aids Hassett.
One new question was whether he Is
financing the defence OF Thomas Hassett
indicted on the charge OF attempting to
get money from Anthony ". Douglass, a
contractor. IN return for a contract. In
formation to that effect has reached the
Criminal Courts Building and the Grand
Jurors wanted 70 70 into II further.
Mr.. Bensel also would have been asked
about tho award Of a contract by tho
Board OF Water Supply to Patterson 4
Bros. of Pittsburg after James @. Cor
coran, a representative Of that Arm, had
paid t41,250 to James q. shaw ~ q ref
cree; alto why the estimate for contract
12A OF the barge canal was raised.
The runor that Mr.. Beneel would refuse