Evening star., 1943-01-22

Flynn knew the work on his court
yard was being done by city en-
ployes or with city materials and
asked not to be called as a witness.
The committee took no immediate
action.
Club Started Action.
Mr.. Foley told the committee that
the City Club of New York had
started an action before Judge
Philip J. McCook last June seeking
a fresh investigation of the paving
block incident, but that Judge Nc
Cook, who since has retired, denied
the request, holding that previous
investigations were adequate and no
useful purpose would be served by
new one.
With some signs Of heat, Mr..
Foley referred to testimony given
the committee Wednesday by sgd
ney S. Baron, Brooklyn public rela-
tions counselor, who said he was
secretary of the Committee to Re
open the Flynn Case. He remarked
that Mr.. Baron had called him "a
political stooge" and said that was
hard to take in view of his long
public service.
With reference to a paving block
which Mr.. Baron had testified was
dug up from the Flynn estate by
a man whose name he was pledged
not to reveal, Mr.. Foley said that
if any one was looking for "a good
thief to steal paving block" he
could refer them to a fourth Offend
er who was sentenced week or so
ago in New York City to a 5-to-l0-
year prison term.
That man" Mr.. Foley said, lis
Baron's brother"
Not My Brothers Keeper
Sydney S. Baron, present in the
room, later issued a statement say
ing:
Il am not my brothers keeper
in fact, I haven't seen him for five
years. I'm sure, though, that he
hasn't enough political influence
to commit a crime and be re-
warded with a diplomatic post"
Senator Vandenberg, Republican,
Of Minnesota questioned Mr.. Foley
at some length regarding the grand
jury's second preSentment in the
paving block investigation. He said
the document seemed to indicate
that a crime had been committed,
but the grand jury found no one
guilty Of the crime"
isn't it a crime to use city prop
erty for private uSe?" Senator Van
denberg demanded, reading a por-
ton Of the grand jury's findings
which said that city cars had been
used to transport city workers to
Mr. Flynns estate, where the
workers laid the paving blocks.
Certainly" Mr., Foley replied.
isn't 1t true that the grand jury
found that city property was used
for private use?' Senator Vanden-
berg asked.
Limitation on Jury.
Mr.. Foley replied that was true
but added that the jury had to take
into consideration all of the evidence
and would return indictments only
when it, was unexplained and when
the evidence warranted a conviction
Isn't the use Of city cars for pri-
vate purposes a crime?" Senator
Vandenberg demanded,
Yes was the reply.
"In other words Senator Van
denberg said, the grand jury founc
that d crime was committed, but
didn't find who committed tt?'
Mr.. Foley said he couldn't agree
with that Interpretation entirely
He went on TO say that IN the IN
vestlgatlon made Of the paving block
incident by Nj. Kern and the granC
Jury there was not one word Of di-
rect testimony that Mr Flynn haC
any knowledge that this job was be-
ing done by city men or with city
materials
Mr. Foley said he was "lnVesugat-
ing the possible Misrepresentation
made in a letter he said Mr Baron
had sent the courts asking for Glenn
ency for his brother.
Mr. Baron had said in the letter,
Mr Foley continued, that he was a
bank clerk, but had testified before
the Senate committee that he was
IAN interpreter and molder Of pub
be opinion"