New-York tribune., 1920-03-13
Nugent Hearing
Ends;Argunlent
Set for May p
Court Will Hear Plea for
Dismissal ON the Ground
the $3.50 Agreement Was
Against Public Policy
Backes Questions Fissell
Priest Who Is Said to Have
Introduced Parties Is a
Witness for the Defence

The taking of testimony in the suit
brought by James r. Nugent, Demo-
e.stic boss of Essex County, N. j., and
Joseph A. Wright, one of his ~lieuten-
ants, to demand an accounting of the
nrofits in the construction of Camp
Merritt from W. H. Fissell, Newark
contractor. was finished yesterday at
<he hearing before Vice Chancellor
Backes in Newark.
Counsel for Fissell moved for the
dismissal of the complaint on the
ground that the agreement which Nu-
gent said existed, to split the profits
$3.50 if Nugent and Wright got Fissell
the contract, was against the public
interest and, even if it existed, should
not be enforced. The Vice-Chancellor
set May "a as the date for this and
other arguments in the case.
Fissel alleges that neither Nugent
nor Wright had anything to do with
getting the Camp Merritt contract for
him. The belief. he testified yesterday,
was based upon conversation with
Captain Kenneth NJ. Murchison, of 80
East Sixtieth Street. New York. who
vas connected with the committee
which awarded the cantonment con-
tracts Captain Murchison told him,
he said, that he obtained the Camp
Merritt contract without influence.
In answer to questions put by the
Vice Chancellor. Fisseli admitted that
he got the first news of the success
Of his bid from Wright and Nugent
and that the same thing had happened
in previous contract he obtained and
then lost.
Hoped for More Contracts
"Why," demanded Vice Chancellor
Backes, ''if you believed Captain
Murchison that Nugent and Wright
had nothing to do with getting the
Camp Merritt contract. did you agree
10 split your profits on that contract ?"
well, the main thing was" replied
Fissell, II didn't want to hurt the fu-
ture. If Nugent had a sa0,00O,000 con-
tract that he could get for me, didn't
want to quarrel over the Camp Merritt
contract. l figured that if we got a
$4,000, 900 contract we would have so
much money that we wouldn't quarrel
over the Camp Merritt contract"
"But you preferred to believe Cap
tain Murchison rather than Nugent and
Wright" suggested the court.
Yes said Fissell.
Another thing the Chancellor
wanted to know was why Fissell paid
Wright 500 a week while he was in
Washington if Wright, in his opinion,
wasn't doing him any good there. Fis
sell replied that he thought it was best
to pay Wright so he wouldn't do him
any harm, even if his efforts at lob
bying were q failure.
Several letters Fissell received from
Nugent were read, each of them en-
couraging in tone, but none of them
definite as to the progress being made.
A letter from Frederick Law Olmstead,
of Brookline, Mass, who was a mem
Der Of the Emergency Construction
contracts. also was read. Mr.. Olmstead
said it was the custom of the commit
tee to be guided only by the actual
representatives of the bidding firms in
awarding contracts. He expressed the
opinion that there were "few if any
lobbyists sent to Washington by con-
tractors whom the committee failed
to "size up"
Priest Is Witness for Fissell
Father Cornelius, the priest who
Nugent said, introduced Fissel to him,
saying the contractor would split profits
5000, was witness for Fissell and
denied Nugent's statement that he had
brought Fssell to the politicians Of
hce. He had called Nugent by tele-
phone, he said, and told him Fissell
wanted to see him.
The priest said he knew that the
general plan was the making of a
Proht-sharing agreement with respect
10 any government contract Fissell
might get through Nugent's aid, but
said he had not been present when the
agreement was made.
WASHINGTON, March 12-secre-
tary Tumulty's comment to-day on
James R. Nugent's testimony that
through introductions obtained from
the Presidents secretary he had sue
ceeded In getting war contracts for q
nrm Nugent now is suing for an ac-
counting was:
Il introduced Nugent when he came
70 me, as ! did many others. He was
treated as any other person was treated
VINO asked for introductions. | hope
nm made some money out Of the con
Secretary Tumulty said many othe,
persons who had obtained introductions
rom him in regular way were suing
'or commissions on contracts
II. II. An1roxya Acr,,:++od