New-York tribune., 1915-03-29

some Judge other than John A. Kings
bury, her public dctractor and enemy.
In spite of Mr.. Roots appeal to
Mayor Mitchell for intervention TO give
Mrs. Dunphy trial before n retired JUS
tice of the Supreme Court, Commits
sioner Kingsbury has announced that
there will be q hearing on the charges
against her In his Office tomorrow.
Mrs. Dunphy Is too i'll 20 he present.
Her LAWYERS may attend the hearing,
but will not he permitted TO cross-eX-
anime witnesses who testify against
her.
Kingsbury Is Firm.
When informed Of the tenor OF the
Root statement Commissioner Kings
bury said that he had no particular
comment TO make. 81 do not care 10
enter into personalities with Mr. Root
he said.
physicians have reported to me that
Mrs. Dunphy is up and able TO DC
about the house" the Commissioners
went on. "I intend TO hold the near
ing on charges against her IN my Of
fee on Tuesday. IL Is absurd Tor MT
Root 10 suggest that the case ought
10 be tried before an eX-Justlce OF the
Supreme Court. | shall not allow VII
nesses TO be cross-cXamined. II Mr..
Root desires to make an Grafton IN
behalf of Mrs. Dunphy | think | shall
be inclined to allow him to speak. |
shall be ready to receive any state
ment in defence of his client which he
NAV have prepared or any athdavits
he may have obtained. My evidence in
this case is contained partly in a num-
Der Of affidavits."
In his statement Mr.. Root quotes
from a report Of the grand jury which
visited Randall's Island to investigate
the conditions and treatment of chill
dren last October Its findings were
favorable to Mrs. Dunphy, as follows:
1--WE find that, considering the over
crowded condition everywhere prevail
ing. the success of the work in general
and the efficiency Of responsible en-
ployes are so commendable as TO be
remarkable.
Praised by Grand Jury.
AT its pest. the care of these un-
fortunates is depressing. and calls for
the constant display of tact and kind
ness. We find that the schools are
conducted in such a way as TO be re
earded as models. and that the island
superintendent is accepted by the
heads of similar schools TO be at the
front of the profession. She was ao-
sent at the time of our inspection, but
the work spoke well Of her ability and
fidelity.
1--WE find that there is little cooper
alton by the higher officials Of the de-
partment for the management OF the
island, and the same disregard or re
quests for supplies noted IN the IN
stitution on Blackwell's Island is ap-
parent here.
1--WE find that such disregard of the
comfort and health OF these uniortu-
nate children is not only lndefensloIe
on the side Of economy, but IS an IN
vitation to such sickness and con'a-
gion as will cause greater expense
This report from the grand jury,
stoned by Harry J. Moller. secretary,
was filed with Commissioner Kings
bury under date of October ., 1914.
"As if in response to the praise OF
Mrs. DUMMY and the rebuke 10 the
DEPARTMENT of Charities contained IN
this verdict" continues Mr.. Roots
statement, "the Commissioner Of Char
tiles has made charges OF cruelty
arainst Mrs. Dunphy and asserts his
intention Of taking action on those
charges tomorrow. He, her accuser
and enemy, proposes to pass upon those
charges himself or have them passed
upon by subordinate in his Office over
whom he has the power Of removal.
Charges Unfairness.
ole proposes TO pass on the charges
whether Mrs. Dunphy is physically able
TO appear before him or not. He pro-
poses TO deny her the right TO be con-
fronted by the witnesses against her,