New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-04-04

81 hat depends on what you mean
81 think you can answer It, Ye'
no." said Senator Newton. ,..,,
81 cannot declared Mayor Ml''n' i
"lf you mean conscious and lnteh'o'"'
GIsloyalty. mo- cor
Senator Newton and former Governor
Hughes, chief counsel to the MaNo' :
clasbed over the Senator's inslstenCe
on a direct answer. Lieutenant Wv
ornor Scboeneck ruled with senator
Newton. but the latter waived inc p''
vIous question and asked this one a.,
"Mr Mitchell. by that language olG
Won intend to charge any lntentlUIn'
dsloyalty on the part OF Senator Voc
ncr?" II tbc
NO" answered the Mayor. ana ~ ~
examination took a different tack: nc
impression prevailed when adJouI"-
ment until morning was taken that Wv
hearing would not proceed any IuI.n
but Senator Newton. Martin W. Ll''Ic
ton. another of the Mayors a''oiHeS =
End Samuel Untermyer, cher couI's.'
for Senator Wagner, announcer
night that both sides intended 10 oHeI
witnesses. The Mayor Is Determined
10 remove all suspicion that may nave
attached TO the Rockaway land trans
action. and the Wagner side is equally
Ge.erminod 10 turn the tables on the
MAYOR and rcfute his obstruction
charge from the records of the Senate
Lots of Legal Talent
The Senate chamber and its packeu
galleries have seldom seen sucn an al
raw Of LEGAL talent as squared Of AZ
the outset of the hearing at noon. Mr;
Hughes. who was vigorously cheereu
for the most part, dominated the pro
cecdings. His presence, with Mr.. llI
fiction. former Senator Harvey D. HIM
man and Lamar Hardy, Corporation
Counsel. gave the Mayor an AR OF sell
assurance that was apparent through
out. On the other side were Mr. inter-
mvcr. Isidore Krescl and former Judge
Daniel J. Kcnetick, Of Buffalo, and IN
the centre, for the Senate. was Senator
Newton. one of the ablest lawyers ID
the upper house.
Mr.. HUGHES stated at the start that
the Mayor appeared merely out OF cour-
tesy and respect to the Senate; that he
had been advised by counsel that the
Senate was without jurisdiction TO en-
terrain the proceeding. Mr.. UntermyeT
objected 10 that attitude. claiming that
the Mayor should either submit to the
Senate's iuri SdictiOn or have the queS-
ton determined, so that in the event OF
"a determination against hlm he c0uId
rot then raise the issue. Senator New
ton, however consented to proceed, IN
spite of the Mayors reservation.
Mavor Mitchell admitted the substance
of the alleged false and malicious
statement about Senator Wagner in an
swer to the first quest on of Lieutenant
Governor Schoeneck. His answer TO the
sccond-the evidence 20 support ms
an outline Of the ROCK
AWAY fort project. in which he SAID that
the United States had imperative need
of Notifications to protect the City of
New York. The Mills bill confirming
the clty's agreement with the Federal
government and the ROckaway Pacific
CORPORATION. he said, would nave hlled
the need.
Opposition Delayed Fort
"Tbe obstruction to this bill" he said,
"by Senator Wagner made 1t lmpos
sible for the United States to acquire
the fertilization site and for the United
States to begin the construction OF this
coast defence fort. which is imperative.
" needed for the security Of New York
CITY. Not a spadeful of earth or sand
has been turned in the construction O.
this fort. | have evidence to support
these statements"
The most efec,ual part of this evil
dence was CORES Ondence OF Colone!
Frederick V. Abbott and Brigadier Gen
eral Black. chief Of engineers OF the
War Department. The Mayor read a
letter which General Black sent to Sen
ator Wagner on February 10, in which
General Black said this work has been
DELAYED already too long for the best
interests of our country, and we are
extremely anxious to push II through.
With this information, declared the
Mayor. Senator Wagner persisted IN
his obstruction to the desired enabling
This conduct of Senator Wagner
was opposed to the interests Of the
United States. 1t was opposed to the
interests of the City Of New York.
Senator Wagner's action in oostructing
this work Of national defence operated
TO the advantage Of any possible enemy
Of the United States. As there was
every probability that our enemy with
in a few days would be Germany, this
obstruction by Senator Wagner operat-
ed to the advantage of Germany and
was more in the interest of Germany
than in the interest of the United
States.
Nobody could profit by what Senator
Wagner has done and the consequent
unnecessary delay except Germany, and
perhaps the ROckaway- company,
which is likely TO obtain an award N
excess of the option prices. Since, then,
Senator Wagner's obstruction preJu-
diced the interest of the United States
and operated TO the advantage OF Ger
many. everything that ! SAID concern
ing him is jue,iiicd.'
Colonel Abbott's Letter Ruled Out
Mayor Mitchell and his counsel tried
to spread on the record letter which
Colonel Abbott, who handled the Rock
away land transaction for the War De-
partment, sent to the Mayor on March
"a. two days after the Mayors anti
Wagner statement, but Lieutenant Gov
Crnor Schoeneck ruled it out. This let
ter summarized the transaction from
the War Department standpoint and
was intended, as Mr. Hughes said, TO
show that the Mayors charge against
Senator Wagner was not false and ma
licious.
"He is showing that upon hearsay
evidence" ruled Lieutenant Governor
Schoeneck. "and While hearsay evidence
may be admitted for the purpose OF
proving mitigation of damages and JUS
tihcation, the evidence is not admiss-
bic for the purpose Of proving the
falsity or the truth OF the charge"
The Mayor could only recall two OF
the newspaper men who had heard him
make the original Wagner statement,
ard those two did not publish il. Mr..
Mitchell admitted that the information
which led to his conclusions about Sem
ator Wagner came from the press, Sem
Gtor Mills and the record Of the Senate
debate on the Mills bill.
did you understand from the rec
ord of the Senate" asked Senator New