New-York tribune., 1921-09-01
B. H'bbard, said he split commission

OF $4,000 with O'Msllev.
Mailey admitted he knew Hibbard
and William Mcharg, the representa-
tive of the telephone company who took
part in the deal, but denied he re-
cetved any money.
His testimony on this point in re-
plies to Mr.. Wallstein roaas.
Q.-oDo You know Mr.. William Nc
darg? Al do
property at los Vesey Street? A.-Yes,
sir
Q.-Do you know Mr.. John B. Hib-
bard? A.-Yes, sir
Q.-Did you get the 81, 500 from him :?
A.--No, sir.
Q.-Never received anv' money from
him? Al did not receive it.
Odd Mr.: MeHarg ask you to as
sist the telephone company in getting
property at 10S Vesey Street, A
Q.-Did you send for Mr. Michel?
Ayes, sir
o.-Did you talk with him about
the matter? A.-Yes. six.
Odd you advise him to sell the
property? Al told him of the propo-
sition.
Odd YOU get from Nh Michel
a written offer from him to sell the
Conference With McHarg
Odd you get it from Hibbard?
A.-Yes, sir.
Q.-You gave it to Mr.. McHarg.
A.-.Yes, sir. l called up Mr.. McHarg
and he came to my Office and l gave
it to him.
Did Mr.. Hibbard tell you what
commission he was going TO get? A.
No, sir; never mentioned to me about
commission in any manner, shape or
form.
Q.-Haave you ever been a real estate
broker? A-No, sir.
Q.-Did Mr.. McHarg tell You why he
wanted you to talk to Mr. Michel about
this proposition? A.-Yes.
Q.-What did he say about that?
AIR. McHarg came to me and said:
"The company has a proposition. The
company is trying to acquire piece Of
property" Il think it was in Barclay
Street, he said), "and the man that
owns it paid $4,000 for it, and we have
been negotiating with him for it-that
is, Mr.. Allen has been negotiating with
him" Cor som msbody in the Office l am
not positive about that)-"to get the
piece OF property to complete the
square block for the telephone COM
pany." And he said this man had rid
den them up SO far to $4,000
Now he said that every time they
made him an offer, and he seemed sat
ished, he would then jump it again
about $4,000. So he said: at seems
useless to talk to him, and l thought
maybe if we could find somebody that
knew him and that could find out from
him confidentially what he thought
would be positive fixed price that he
would take for tive are tired of
negotiating with him. We don't seem
to get anywhere at ALL" And he said:
II was told that this man was a tenant
in the market, and possibly you knew
him."
"Well," I said, 81 don't know the
man. | don't know as l would know
hina if saw him in the market. But"
l said, "possibly going through the
market l would know just who Mr..
Michel was, but picturing the man in
my mind. / cannot be sure. But" |
said, "what is there about it?" He
said: 1--WE have got it to $4,000, and
we don't want another jack-up to $685.
900. That man paid $4,000, and l
offer for it of $4,000, and we will
probably go S32,500, and, we'll. l
don't know as they will go $4,000, or
what they will pay" So I said, "Well,
what do you want me to do?"
Property Price Sought
He said, "Try to find out from him
just what he will take. The last time
somebody talked to him and told him
to make some definite figure the reply
was '$60,O00.' He has not got the prop
erty whole year, and he paid $4,000,
and we would not have offered him
$4,000 if we did not have to have it,
said 81 will find out from him if
can. | will send for him and ask him
rrr hot ha tn do and let
know, if that will help you any"
O'Malley here explained that Mr..
McHarg had performed some favors
for him He said he did not know that
McHarg was the right of way man for
the company, who made contracts with
the city when the company needed con-
cessions. He said he met McHarg at
"Now, Mr.. McHarg told you he want
ed you to intercede because he wanted
somebody who knew Mr.. Michel; is
that right" asked Mr.. Wallstein.
O'Malley said that was right, and he
called Mr.. Michel to his office and rec,
ognized him as a man whom he had
seen in the market but had not known
that Hibbard was taking care of the
matter for him and that the Commis-
soner should deal with Hubbard.
Mr.. Wallstein then questioned
O'Malley about the latter's alleged
"pet" idea that residents of other
states should not receive permits for
market stands here. O'Malley resent
ed the suggestion that it was his pet
idea and began a general discussion of
the subject with Mr.. Wallstein, finally
terminating in the outburst during
which O'Malley refused to answer any
more questions and left the stand.
Collouuv Causing Break
The colloquy leading up to the break
reads in part:
"You never had any such idea?"
asked Mr.. Wallstein.
"No. Now, you are wrong on that"
replied O'Malley.
Q-Now, answer my questions, Mr..
O'Malley. Al won't let you pin me
down to something like that. What do
you think l am? | am here waving
immunity and you are not going to jam
me with that damn stuff. l. Will not
LET you answer my questions.
Q.-Now Mr.. Witness, you remember
this A.-Wel, sit down. Don't
get excited.
O.-You remember this: that you are
on the Witness stand under oath and
you will obey the decorum Of occa-
sions of this sort A.--Not if you tell
me to jump off the Woolworth Building,
| won't do it. Sit down.
Q.-You obey the decorum! A
What do you think l am?
what I think you are, Al don't care
I l,,Jt Lo1,