The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-05-24
KINGSBURY AND
W.H.HOTCHKISS
ARE INDICTED
Charities Head and His
Lawyer Named by Kings
Go. Jury in Wire Case.

MAYOR IS CHIDED
FOR PART IN THE CASE
Iohn 4. Eingsbury. Commissioner OF
Clarifies. and william II. Ho,chkiss.
,pccial counsel in the charities investiga-
ton. we're indicted for wire tapping by
the KINGS county Grand Jury yester-
DAY. The wires tapped were those Of the
Rev. william H. Farrell. rector of the
Church Of IS. Peter and Paul DR.. Daniel
{. Potter and Dean Potter.
In a memorandum accompanying the
Indictments the Grand Jury sharply
,~rl,iciscs Mayor Mitchell and Police Com
missioner Woods in connection with the
wire tapping disclosures. The memoran-
dunn sets forth that legal evidence to
Justify tho Indictment of these officials
was wanting. but adds: III as does
appear they approved of the conduct of
those who were responsible for the tap
p.ug Of the wires In question for no
other purpose than to furnish ounse in
personal and private litigation with in
formation ami to crafty curiosity. the
conduct OF the Mayor and the Police
commissioner merits the most severe
condemnation.'
Both Plead Not Guilty.
Commissioner Kingsbury and Mfr.
Ho,chkiss entered pleas of not guilty
before County Judge Mitchell May and
we're released In $1,000 bail each. Both
Distr.c, Attorney Harry Il. Lewis and
Martin W. Littleton indicated a desire
for an early trial. Ten days was agreed
upon as the time Limit for motions.
Neither OF the indicted men would dis.
cuss the Grand Juryis action.
Il am very sorry that the Grand Jury
has seen ft 10 make such al accusation
against these men," said Mayor Mitchell
when informed Of the mornings de-
y%elopments. II nave complete conf
dence in both gentlemen. What the pub
lie needs is 10 kno the underlying facts.
and ! purpose to make these known at
the very earliest opportunity"
Three indictments were returned
against the two men. Each contains two
counts and differs from the others only
in the names of the persons whose wires
were tapped.
The first count charges the injury OF
highway boundaries and property in
"unlawfully and wilfully" tapping iele-
phone wires from the three residences.
This is asserted to be in violation of sec
ton 1873 OF the Penal Code and a mis-
demeauor. punishable by one years inn
~pr!sonnent. a iine of $500 or both.
second Count Charges Felony.
The second count charges a violation
Of section SO. Of the Ieua, Code in d.
,ulg.ng the contents Of telephone and
Geographic communication. /; cousti-
iI;es 4 felony, punishable by Two years
Imprisonment, $1,000 fine. or both.
COMMISSIONS kingsbu,y. Mr.. Hoich-
Kiss and their counsel were in court
when the Grand Jury filed In behind Dis
ret Attorney Lewis. The two men
were arrdigurd at once and Mr.. Little
ION, WAVING the reading OF the charges.
entered a plea al not guilty for his
gents. Ban was furnished without
delay.
The first oun ~ the indictment, based
ca the tapping OF the wire from Dr. Pot
lcTs residence IL rs follows
The defendants on March IS, 1916,
10 the county OF Kings. ~unlawfully
tippcd and made connection with the
telephone line, wire. cable and instrument
leading 10 and from the residence of ID.
& Potter in said county and read in
an unauthorized manner messages. COM
mlnlcations and reports passing over II,
aad aided. agreed with. employed and
consp, cd with persons TO the Grand
Su, p. ~ hs ,ioua TO permit, ana
The second count reads
THE Grand Jury OF the county NJ
Kings. by this Indictment. further ac-
uses the defendants of the crime OF
d'yulg!ng the contents Of ,elegraphic and
.''"phonlc messages, committed AS fol-
!.AS.
The defendants. on March is. 1915
= the county OF Kings, wronrfullv Oh
't.red and TO obtain knouI.
: .e OF telephone messages passing over
e wire leading to and from ,h, resi-.
g. nee Of u. c. Potter. i'm said county hv
,'uuivance with a clerk. ouera, n mes.
> ger and other EMPLOYEES of the Neu,
N1rk Telephone Company. to the Grand
.ary unknown"
The text of the memor ndur f., ,.h,at,
'te Grand Jury refers TO the NIavor and
the Police Commissioner is AS follows.
This body, mindful OF i,s dutv ,o
lind indictments only when all the evi,
donce before 1t taken together is suc,
IS would, If unexplained and ~uncon,,a'
d'cted, warrant a trial iurv in oon,int
ias a defendant, has found indictmonts
charging John A.. K!ngsbury ana vii.
lam II. Hotchkiss with violatinns n, snt.