New-York tribune., 1921-09-01

tion therein, be referred to the District
Attorney"
Chairman Schuyler NJ. Meyer ordered
this done at once, and the records of
the committee were put into the hands
OF the District Attorney during the af-
ternoon.
OMalley opened his testimony with a
long speech, after Mr.. Brown an
nounced that the Market COMMISSIONS r
would have to sign a waiver of i'm
munlty. us that the last instructions
from the Governor, counsel ?" inter-
rupted O'Malley, "to get me by hook
OF crook, or break both my legs, be-
cause l have been fighting the food
trust?"
Ousting of Barnett Cohen
O'Malley continued to charge all
through his testimony that some one
or other was trying to break his legs
Let me explain myself" he said, and
immediately launched into an attack on
the committee and its witnesses He
SAID he threw Barnett Cohen out of
ms office, as he said Cyrus c. Miller
assistant counsel to the committee, had
done. Cohen had testified that O'Mal-
ley refused him a permit because "he
was not good customer of the Com
missioner"
Argument over the signing of the
waiver ensued, O'Malley remarkino "T
don't know what trickery YOU NAV
pull on me. l don't trust this commit
tee"
When Mr.. Brown demanded to know
II ne would sign or not he replied,
well, if it will please the Governor
and the food trust and all the interests
that are trying to break my legs, rather
than give you people chance to keep
me from testifying here, will sign the
waiver of immunity.'
ne prefaced his statement with the
following little speech
In the first place, l am not an
attorney. l have never studied law
have never practiccd law | never had
any experience whatsoever in the law.
am at the disadvantage at the pres
ent time OF having had all the records
OF my office subp@naed. l haven't q
record in my Office to go by. You have
them. You have all that ADVANTAGE
You have had the advantage of grant
ing immunity to witnesses to swear to
anything to make case out of what
you want. You have subpenaed my
bank accounts, my wife's bank ac-
counts, and I was asked by the banks
at the time if l had any objection.
NV hen you wanted the records of
my Office and every detail l gave you
all OF that. The Almirall grand jury
prior to that, had taken everything
that you had not taken. Sc my Office is
to-day left depleted Of any records
whatsoever with which I can refresh
my mind or go over matters | will
only be able, in testifying here, to give
you information as to the best that my
memory will sustain me. l could not
J remember dates or details, | do not
believe, exactly. / will do the best
can"
O'Malley here requested that Mr..
Brown do all the interrogating be-
cause che believed that Mr.. Brown had
little more sense of fairness than the
other people"
AS O'Malley proceeded with his ram
bling story without cessation, for two
hours, the conversation finally irri-
tated Mr.. Brown, who asked him if
che was electrically wound up" and de-
manded breathing space to put in Il
| question. you have run on like a
lambs tall" Mr.. Brown observed. 81
want a few answers 20 questions"
O'Malley frequently wanted to "bet
the counsel" he was right when ques-
tion of fact came up, and when O'Mal-
| ley went into detail about the alleged
Hogue deal Mr. Brown bristled up and
asserted "there was not a word of
truth" in O'Malley's statement, as the
counsel had participated in the action
and knew something about it.
O'Malley reviewed the circumstances
under which he took Office at the time
the department was in confusion as a
result of the army food sales. He said
DR.. Day had had almost all of the rec
t,rdS of this matter sold IN q rsrran
for SIS. 1t was in the midst of this
confusion, he said, that Stephen Wool
sey, butter and egg man, came to him
about having his stand transferred to
Mr.. Yonteff.
O'Malley testified he had represented
to Woolsey that when standholde1