The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-10-23
F.E. HURLEY OPPOSED
SONS TAX METHODS
Tells Investigators He Sup
piled Capital, but Did Not
Share in Profits.
ONE PARTNER IN FRANCE
Trust Company Manager AG-
mits Ind0rsing Check With
out Authorization.

Frank T.. Hurley. manager OF the ia
maica branch Of the Title Guarantee
and Trust Company. testified under sub
ppna before Magistrate Appleton In the
Municipal Building yesterday In the
investigation Of tax sales.
lie is the father Of Eugene Hurley,
now q private at Camp Upton. who, In
partnership with a college chum. Charles
II. Fabans, and using Charles r. Nc
Carthy as q dummy buyer. obtained pos
session Of several thousand lots in Mas
sau county for q song and tried to make
fortune by selling them back TO the
original owners at a tremendous profit.
F. e. Hurley admitted that he had adj
vanced about $4,000 of his own money
to help finance his sons operations, but
denied he was In any sense partner In
the business Of taking legal advantage
OF poor real estate owners. who, having
defaulted on Q years taxes, found they
had lost their holdings and could get
them back only by paying the prices
demanded by young Hurley and Fabans
In the name of the dummy Mccarthy.
Urged Son to End Business.
In fact, he said he had urged his son
to discontinue such transactions, as they
were in dlsrepute. but as he had long
been i'll perhaps he had not completely
discharged a fathers duty in the way
Of advising the son. He said he did not
share in the profits.
Mr. Hurley admitted that despite his
feeling OF repugnance he continued TO
Il ansact business for Eugene Hurley
after the later entered the army, which
was In September. 1917, and deposited
to his own account, as reimbursement
for the money he had advanced, some of
the checks which came in from men and
women who were paying Hurley and Fa-
bans, through Mccarthy, to get back
property that they had lost at tax sales.
He admitted also that he had written
the name Charles H Fabans" on the
back Of one of these checks as an in
dorsement. which he had no legal right
to do.
Clinton D. Burdick. third vice -presi-
dent of the Title Guarantee and Trust
Company. In charge OF all its Long
Island branches. was an interested
listener at the hearing before Magistrate
Appleton. Witnesses were examined by
T. L. Waugh, Assistant District Attor-
ney Samuel s. Breslin. counsel to the
Mayors Committee on Taxation. and
The Magistrate.
Robert J. Robson. a lawyer, 2T7
Broadway. testified that he had had to
pay $50 to recover for a client. william
Brosi, three lots at Valley Stream from
Fabans, July IL this year. The check
was Endorsed For deposit, Frank z.
Hurley" The letter acknowled ing its
receipt was signed by G. c. Donovan.
attorney for the Jamaicl branch of the
Title Guarantee and Trust Company.
Fabans with Y. NJ. G. A. I'm France.
Fabans is in France for the Y. NJ. C.
A. and has been there more than a year.
but 1t appeared that several persons felt
gu lifted to do business in his name In
mis- absence.
Mr.. Donovan testified that after Eu-
gene Hurley went into the army he re-
ceived eight or ten checks in settlement
of tax claims for Hurley and either sent
them to the young man or gave them to
Frank Z. Hurley.
Another witness, IRVINE z. Klein, a
lawyer, Yonkers, had a client, Christine
Prick. who had to pay $50 to Mccarthy
NiliOuSi raplIlS 10 TeCONcT lois at fTee-
port Heights which had been bought at
a Nassau county tax sale in McCarthy's
name for $40. Mccarthy Endorsed the
$50 check to Eugene Hurley.
she Is hard working woman" Mr..
Klein said 1T took her several years
to pay for this property on the install
mcnt plan"
Frank E. Hurley was then called. He
looked to be far from we'll and his
voice was weak. He has practised law
but has been the Title Guarantee and
Trust Company's Jamaica manager for
twelve years. His son was employed in
the Mineola ONCE OF the same company,
where e. l.. Hurley. brother OF Frank
e.. is manager.
Mccarthy Not Located.
Questions by Mr. Breslin brought out
the fact that Mccarthy, the dummy
buyer. whose whereabouts Is now I'M
known to the investigators, is a brother
OF Mrs, Frank L. Hurley and that Hur-
ley knew that Fabans. although rep
lesenting himself as attorney for
Mccarthy, had not been admitted to
legal practice In this State, although
a member of the Massac usetts bar.
From Camp Upton, the witness said
Eugene Hurley continued to manage
his business and his sister, Grace Hur.
ley, wrote letters for him at the Hur-
ley home In Baldwin. Mr. Breslin
showed the witness a check made ont
to Charles II. Fabans with that name
written on the back. Mr.. Hurley ad-
mitted lac wrote IL there.
Did you have the power OF attorney
to indorse Faban's Manner Mr. Breslin
demanded.
NO. but my son did. and he author
ICED me to do H."
Surely" said Mr.. Breslin, "as n
lawyer YOU know that his authority
from Fsbans could not be delegated.
And you knew that this very check
was part OF a transaction OF the kind
of which you say you disapproved."
81 should like 10 say to the court
Hurley replied. that was in very
poor health in all that period"
Gave Matter Little Thought
ut was criminal" Mr.. Breslin DUR
sued. TO use the name Of FABIAN as
that OF lawyer and force these poor