New-York tribune., 1922-08-11
Is
Unfit, Buclller
Holds i'm Plea
s Market Official Asks
rour, to Name Referee
! determine C Competency
q The Commissioners
r,,ls OF Alleged Insults
s,,s HyIan Man Called
nMaliey sThief'' and
ordered Con,plainantO C Out

- bacone necessary Tor Jus
o,ua1ley, Of the Supreme Court
~ Lint referee to determine
~ 1avid Hirshaeld, Commission
sA a.eounts, els fit and proper
.rr 70 conduct an examination OF
ps1s s.;~s ~ the Department of Mar
s.t,. :. justice o'Malley has before him
We ...;aeration d motion by Commis-
:, .,a,sr Hirshaeld to punish Dr. Samuel
nsesler, rss formerly Deputy Commission
p !, MARKETS. for contempt of court
!, r. Ms alleged refusal to answer GER
..iu =. questions in the market inquiry
~. - pnehler submitted to the court
..-sav - a supplemental affidavit in
y. ease asking Justice o'Malley to
.;rt a referee to determine the fit
., Commissioner Hirshfeld,
gsould the justice have any diihculfy
!. deciding the case before him. Dr.
Eacaler's affidavit reads:
samuel Buchler, being duly sworn
s.,oses and says; That he IS the per-
w hove referred to; that beg leave
- ttis honorable court to tiie this
..,niemental affidavit in addition to
sss affidavit flied by me after the argu-
w. va 81 the motion on August 7, 1922;
.as. .ss Tho reason this supplemental affi-
ssy;t & Is fled is that l did not have
.sfBc;ent time yesterday to prepare
-aTe complete affidavit, inasmuch as
.ss order to show cause was served
rpou me late Friday afternoon and
hat, owing to the fact that my office
/, closed on Saturday and Sunday, l
vas unable TO prepare same except on
Monday morning before the opening of
curt.
aReferring to the conduct of David
Etrshfeld, Commissioner Of Accounts,
during the course of the hearing, l de-
s;re to state the following:
aThe said Hirshfeld throughout the
s.aring exhibited an ungovernable
1mper; he was continually pounding
I'm table with a mallet which he held
h his hand, and when I desired to say
nmething in reply to question he
bid me to shut up Also at various
tines he directed his tenographor
sho was taking the minutes, not to
.sse down certain parts Of my testi-
nony in the following manner: Don't
take this down, it is all trash All Of
said facts do not appear in the testi.
cory which is annexed to the motion
rspers.
"A mere glance at the testimony of
The hearing which he did submit upon
The argument of the motion shows
that many times when I commenced to
answer question he prevented me
from finishing my sentence. Toward
tie conclusion of the hearing. he
passed many insulting remarks, as
Ton are not gentleman Why don't
yol use some common sense?' and at
the end Of the testimony directed me
70 leave the room and told one of his
cicers TO escort me out of the hear
Ing room, employing the following
words, put him cut which also does
not appear in the testimony submitsed i
/ By him.
Il further desire to state that dur
ing the time that | was Deputy Com
missioner Of Public Markets l had
net David Hirshfeld on many oc-
easions, and that each time Hirshfeld
woaId always say to me in Germc Il
.Ae following words, which are
translated into English: How is the
,aieiF At one time l asked him whom
ne n, meant BY thief, and he said in Eng
,sn, Your chief, the thief meaning
merely Commissioner Edwin j. O'Mal-
.sy, who was then Commissioner of
.as .ls department Of Public Markets, and
wao was at that time chief of the de-
pas.mens ~ In which l was deputy.
from the above, this honorable
court can readily see that Commits