New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-02-24

T. II. Gillespie, request for whose
backed by Dis
to make am explanation afterward you
may
Sir. Moss then took up the question
Of the first suit brought on behalf OF
the PETERBOROUGH. This was in 1910 or
1911. and was brought by the Flelsch-
man Realty Company against Mayor
Cavnor and the rest of the Board OF
Estimate. the Public Service Commits
sioners and the marlborough to deter
mine II the city had reached its debt
limit. For this Mr. Nicoll paid Hays,
Hershfeld & Wolf $4,000. lie said the
money did not come from the INTERIOR
ough. but from the late Andrew Freed
man as an individual. lie was a d.
rector Of the marlborough.
Then. coming down to the Admiral
Realty Company suit. in which. besides
the lawyers Of record. Guggenhelmer,
Marshall & Cntermyer were engaged
and for which the lnterborough paid
SG2.500 10 Hays, Hershheld 4 VOL.
Mr. Nicol said that inspired suits, such
as this. were customary.
Nh Moss then asked MIR Nlcoll II he
didn't think there was danger IN SUB
hitting a collusive case 10 the courts
"Its not collusive,' retorted the wit
ness holly.
1T was inspired them suggested
Mr. Moss.
"lt was not inspired
"Well. do YOU think the court would
like 10 have a case brought before u
where counsel on both sides were PAID
bv one Of the parties TO the SUIT.
at wasn't that, and you can't make IL
out 10 be. and ! am ready 10 defend II
in any court" exclaimed Mr.. NicolL
You'll probably have to- put IN
Senator Thompson.
George ID. Youman. OF the b. X. T.;
James L. Quackenbush. Of the Inter
borough; Mr. Coleman and Mr.. hark-
less. Of counsel 10 the Public Service
Commission: Assistant Corporation
Counsel Hahlo, and Daniel ?. Hays and
Ralph Wolf. of Hays. Hershiicld
Wolf. also testified regarding the Ad-
wiral Realty suit, and the other two
suits that were later joined with IT. the
suit Of John Ryan, brought on behalf
of the 3. r. T.. and the John j. Hopper
suit. which. IL was admitted, was the
one suit that was brought by dlsln-
terested taxpayer.
WrangIe Over Collision.
II developed that one OF the officers
Of the Admiral Realty Company was
Isaac Wolf. father of one OF the mem
bers of Hays, Hershfeld & Wolf. Mr..
HAYS took exception TO the character
ization Of the suit as 8 collusve SUIT,
saving il it was anything Ike that he
would not have been in IL.
your understanding of COLLISION IS
not where one Of the sides is paying
counsel on both Sides asked senator
Thompson.
NO" said Mr.. Hays
you don't care where your money
comes from so long as you get u
said Senator Thompson.
81 DO. and you've no right to say
that" said Mr.. Hays, hotly.
"Well. it's unethical for lawyer to
Get his pay secretly from ono OF the
PARTIES" said Senator Thompson.
There was no secret about it, SAID
Mr. Hays.
Service Commission did not believe that
IL was constitutional for the city 20
lend its credit to a private enterprise,
and that had not these suits been
brought the commission would have
brought one itself
Mr.. Colby was the first witness. Mr..
Moss Immediately asked him where Mr..
Young was. In reply the witness said:
81 learned yesterday that Nh Young
had left town for Palm Beach. Then,
learning from the newspapers that the
committee wanted him, sent him a
wire. which overlook him early this
morning He sent me word he was
entirely willing TO return 20 New York
and had no intention Of Cvaduc the
issue"
Doctor Sent Young South.
The witness said the former director
Of the PETERBOROUGH had gone south on
advice Of his physician. Dr. Campbell
Douglass Here Mr.. Colby referred 10
another part OF Mr.. loung's telegram.
in which he said ne had wired Senator
Thompson that he would return before
the committee adjourned or at once if
the committee desired.
FIR. Gillespie was then called. His
face naturally pink. turned o deep
crimson under the joint griiling Of Mr..
Moss and Senator Thompson. A the
start Mr. Gillespie ran afoul Of SON
ator Thompson. The young man re-
ferrcd TO the publication of the letters
OF Nlo IdtItI referring 10 lfN'A'l l-4l
Qucg as "the nearest man 10 Whit
man" and the $500 check 10 Qu.eg as
can unfortunate experience.
Thompson. plainly angry. leaned over
until his face almost touched that Of
the witness. and with all the irony az
his command said.
81 don't want 60 hear any more about
your unfortunate experience, US YOU
call it You have been trying 20 make
capital out OF 70 for ten days now Pm
tired of d. No one bur MYSELF was TO
blame for IL, as I've said before.
and II YOU didn't have documents
that you didn't care TO make public YOU
wouldn't make this objection II
wouldn't have bothered you az ql. II
you hadn't paid QWgg $500 things
would probably be different
I'm willing 20 be questioned about
any matters pertinent TO the inquiry,
said the witness.
"lt's for the committee 90 decide
what Is pertinent and what isnt." said
Senator Thompson. you've told us
already that your New York office has
sent money 10 your Pittsburgh Office
and that the records Of these transac-