The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-09-01

trust attack Tell nat. The Mayor anC
Mr.. Whalen were reported to be dis.
When ne took the stand O'Mailey said
he had no legal advice and did not know
whether to sign waiver OF immunity
As soon as the cross-examination began
John J. Taipern stepped forward and
announced he was the Commissioner :
counsel and advised him TO leave the
stand. Talpern was present throughout
II was then O'Malley shouted he would
not answer any more questions. Dur
ing the last few minutes he was on the
witness stand the Commissioner and
counsel for the committee were yelling
at each other, and the room was In an
uproar.
Won't Call o'Maiiey Again.
This brought the forenoon session to
an ending. After long recess Blon r.
Brown. senior counsel for the commit
tee. said that the committee did not
propose to exercise its power to compel
the Commissioner to return.
The committee did not ask the Com
missioner to come here Mr.. Brown
said. He showed great anxiety to be
heard and the committee gave him every
opportunity. We are not investigating
the conduct OF persons, but of govern
ment and departments, and in the course
of that inquiry much testimony has been
given. ..,u
Mr.. O'Malley was permitted to talk
for two hours or longer in relation to
fnconsequental transactions without
saying one single word or making one
or his department of the charges rest
ing upon them. He had an opportunity
such as is given few witnesses to clear
himself
'The committee was in no need of his
evidence to show the condition of the
administration of his department and is
in no need of it now. He denied having
received $1,000 from Htbbard in the
telephone real estate deal. That is
question of fact.
~ have concluded there is no duty
resting on the committee to compel the
appearance OF Mr.. O'Maley. who left
the witness stand as soon as the cross
examination began. 1t is the duty OF
this committee, as it is of all persons, TO
call the attention of public authorities
to the commission of crime. When
crime is committed officially the guilt is
doubly great and the suffering of the
community hundred fold greater than in
tho case OF the commission of crime by
the individual.
1T is my deliberate judgment that the
evidence presented here in relation to
the Department Of Markets demands in
vestigation by the criminal authorities
and / move that the complete record of
this testimony be presented to the Dis
trict Attorney"
Mr. Brown read a letter from District
Attorney Swami stating that the evil
,dence would be laid before the Grand
Jury as soon as completed
p-k n
! In all Of Commissioner O'Naley's di-
rect statement, occupying fully two
hours time. there stood out only two
direct statements in answer to accusa-
lions made against his administration.
These were a flat denial that he had
received $500 from John b. Hubbard
in connection with the forced sale OF
property for Herman +. Michel to the
New York Telephone Company, and his
statement made in various forms many
times that the Meyer committee In
vestigation of his department was or
dered by Gov Miller because he fO'Mal-
tey) had refused to vote for George K.
Hoguc as Commissioner of the State De-
partment OF Farms and Markets
Zion r. Brown announced when the
committee convened in the forenoon that
she witness stand was open to O'Maliey,
hut that ne must sign waiver OF inn
Daunity inasmuch as testimony had been
given tending to incriminate him. The
commissioner walked to the stand.
II am at a great disadvantage. II
liver had any experience with law"
t'Malley said. You have all that adj
kantage. You have all my records and
Aou have my bank accounts. You have
given immunity to witnesses 10 swear
anything 70 make out a case. This Is
a campaign against the Hylan admins
tration. to get the administration by
hook or crook"
Mr. Brown insisted upon knowing
whether the witness was willing to sign
the immunity waiver. o'Malley said:
This is only the trickery OF the COM
mittee TO obtain witnesses under a
waiver, and cannot see why you should
not grant me the same right. When
waive immunity 1t will limit me to a
very narrow path. and in the absence
OF legal knowledge / don't know what
trfckery you viii pull on me.
Attacks Meyer Committee.
''1f it will please the Governor and the
food trust and all the interests that are
trying 10 break my ie<s rather than TO
give the people a chance to keep me
from testifying will sign the waiver"
OMalley then signed and was asked
II he wished to make any statement
He launched into his discourse. which
ran on for two hours. He said when he
took office Mayor Hylan said to go
over to that office and clean things up"
The audience roared. The Commissioner
violently attacked the committee and its
counsel. The first case he took up was
enc Woolsey transaction, In which Ste
Then Woolsey testified he had given
$3.50 to a stranger for a stand permit in
Washington Market The negotiations
we're carried on. he said. before he took
office and he issued the permit on the
recommendation OF the president OF the
Market Association.
The first mention O'Maley made OF
Charles A. Winter. general inspector OF
the department.. now under suspension
and named several times by witnesses
Is having demanded money for permits
was in connection with the permit issued
20 Christian Haslob. None OF the per-
sons involved, he said. I'm either the Has
lob or Heineman case said anything TO
him about Winter
The Commissioner went over one after
another OF the cases concerning which
discriminating evidence has been given.
lie tod long and circumstantial Stories
concerning the details Of each transfer
OF permit. Recalling long conversa-
.tions between him and applicants for the
Rrrmits and naming persons who knew
about the transfers. the Commissioner
could not In any Instance remember any
mention having been made OF Winter or
money.