Mayor Gaynor was by no means pliable to
Tammany purposes; he both asserted and exercised
his independence of “Chief” Murphy.
But although great powers were centralized in his office,
there were nevertheless numbers of Tammany men in the
various departments, bureaus and courts. Of the 85,000
regular employees of New York City in 1912 (including
10,118 policemen and 4,346 firemen), many were Tammany
men, the larger number of them occupying subordinate
positions. The entire city payroll at this time
aggregated about $89,000,000—an average outlay of
$7,500,000 a month for salaries and wages alone. The
city budget for 1913 was $190,411,000.
Despite the appointment of successive Police Commissioners—there
had been eight within eleven years—to
remedy matters in the Police Department, the state of
affairs in that department was still a fruitful cause of
scandal. This continuing scandal was brought to a vivid
climax by a murder the deliberate audacity of which horrified
and aroused the people of the city.
On April 15, 1912, Police Lieutenant Charles Becker
went, at the head of his “raiding squad,” to the gambling
house of Herman Rosenthal on West Forty-fifth street.
On July 11, 1912, Rosenthal went to the West Side Police
Court to protest against the “oppression” of the police
in stationing a uniformed man constantly on duty in his
house. Shortly thereafter, Rosenthal made an affidavit,
which was published in the New York World on July 14,
1912, swearing that Police Lieutenant Becker had been
his partner in the operation of the gambling house and
had made the raid for certain personal purposes hereafter
explained.
If at this time a Tammany district attorney had been
in office, the results might not have been fatal to Rosenthal.
But the district attorney, Charles S. Whitman, was
an official noted for his excellent record. It was well realized
that when he agreed to listen to Rosenthal’s charges
against Becker, he could not be “reached” by any “influence”
or intimidated by any threat. The alternative
on the part of somebody vitally interested was to slay
Rosenthal on the principle that “dead men tell no tales,”
and thus prevent important disclosures being made to the
district attorney.
At 2 o’clock on the morning of July 16, 1912, Rosenthal
was summoned out from the doorway of the Hotel
Metropole at Broadway and Forty-third street, and shot
to death by four “gunmen” from within an automobile,
which immediately after the shooting sped away with the
murderers.
Arrests of suspects quickly followed. By July 29,
1912, District Attorney Whitman held four men, all of
whom had become informers. These four were “Bald
Jack” Rose, “Bridgie” Webber, Harry Vallon, and Sam
Schepps—two of whom, Rose and Vallon, had voluntarily
surrendered. On statements made by Rose and
Vallon, the Grand Jury returned an indictment against
Becker charging murder in the first degree. A few days
later, Becker was re-indicted, and indictments were handed
in against the four “gunmen”—Louis Rosenberg, alias
“Lefty Louie,” 23 years old; Harry Horowitz, alias
“Gyp the Blood,” 26 years old; Jacob Seidenshner, alias
“Whitey Lewis,” 26 years old, and Frank Cirofici, alias
“Dago Frank,” 29 years old. These “gunmen” were
variously arrested at different places.
Stirred by this brutal murder, a mass meeting of citizens
was held at Cooper Union on August 14, 1912.
Resolutions were adopted part of which approved a proposal
for an appropriation by the city of $25,000 for
an investigation into police conditions and a thorough
inquiry into the causes and possible remedies of systems
of blackmail and graft. A Citizens’ Committee was appointed
by this mass meeting to report on these conditions.
Of the police force this committee reported on February
26, 1913, that:
“The corruption is so ingrained that the man of ordinary decent
character entering the force and not possessed of extraordinary
moral fiber may easily succumb. About him are the evidences of
graft and the enjoyment of irregular incomes substantially increasing
the patrolman’s salary. Inadequate condemnation is shown by
his associates in the force for such practises; on the contrary, there
is much indirect pressure which induces him to break his oath of
office; the families of grafting policemen live better than his own,
and the urgencies of his family and of his own social needs tempt
him to thrive as do his corrupt associates. Such a system makes for
too many of the police an organized school of crime. The improvement
of recent years—and there is some—is not great enough to
satisfy an aroused public.
“But not resting with this general knowledge of the existence of
such matters, this Committee has made an intensive examination of
the conditions in a number of police precincts. We know that the
connection between members of the police force and crime or commercialized
vice is continuous, profitable and so much a matter of
course that explicit bargains do not have to be made; naturally this
“honor among thieves” is occasionally violated, as is customary
among thieves, both the keeping and the breaking of faith being
determined by these policemen for their own profit.
“Well knowing this police ‘system,’ grand juries will not on police
testimony indict violators of the law, lest they [the grand juries]
be lending themselves to police persecution of a selected criminal
who had refused tribute, and so be helping the police ‘system.’
For the same reason petit juries will acquit, and judges will discharge,
and crime increases and goes unpunished, while honest
policemen are discredited and discouraged.
“Evil thus breeds new maggots of evil. The sums collected by the
police excite the greed of certain politicians; they demand their
shares, and in their turn they protect the criminal breaches of the
law and the police in corruption. The presence of ‘politics’
brings strength and complexity to the ‘system’ and makes it
harder to break up. The city, we believe, is convinced that it is
time for more radical efforts at improvement.”[1]
A Committee of the Board of Aldermen, appointed to
inquire into matters connected with the Police Department,
held eighty public sessions, took 4,800 pages of
testimony and records, handed in certain conclusions, and
made recommendations for further laws. “We have received
shocking evidence of a widespread corrupt alliance
between the police and gamblers and disorderly house keepers,”
this committee reported in part.[2] During the same
time, District Attorney Whitman was vigorously prosecuting
public offenders. In a single year four police inspectors
were convicted of conspiracy and were also under
indictment for bribery, one police captain was convicted
of extortion, one lieutenant was convicted of extortion,
one patrolman of perjury, and two patrolmen
were convicted of extortion. In addition, there were various
indictments of patrolmen for extortion. Of the convicted,
the captain and one patrolman confessed; an attorney
and a citizen indicted for bribery in connection
with police matters, also confessed.
To return to the trials for the murder of Rosenthal:
At Becker’s trial Rose testified that his connection with
Becker had begun in 1911, after a “raid” on a gambling
house kept by him (Rose) on Second Avenue; that the
levying of tribute on “unraided” gamblers was systematized;
that Rosenthal was brought under this system
of “protection”; that Rosenthal and Becker had become
partners; and that Rosenthal in March, 1912, had refused
to “give up” $500 for the defense of Becker’s press
agent who was charged with the killing of a negro in a
“raid” on a crap game. According further to Rose’s
testimony, this refusal brought on strained relations between
Becker and Rosenthal; and that after the “raid”
on Rosenthal’s gambling house, on April 15, 1912, when
Rosenthal threatened “to squeal,” Becker began to plan
for the “fixing” of Rosenthal. In June, 1912—so Rose
testified—when “Big Jack” Zelig, an East Side gang
leader, was in the City Prison, the plan was determined
upon of negotiating with him that, in exchange for his
release, some of his “gunmen” should “attend to” Rosenthal.
The four “gunmen” arrested, Rose swore, were
the tools that committed the murder, and he (Rose) had
acted as Becker’s agent in arranging matters with them.
The testimony further showed that on the afternoon after
the murder, the quartet of “gunmen” had received $1,000
as payment, after which they quit the city.
On the testimony of Rose and others, Becker was convicted
on October 24, 1913; the conviction of the four
young “gunmen” soon followed. All five were sentenced
to death. By a decision of the Court of Appeals, on
February 24, 1914, Becker was allowed a new trial upon
the ground that by reason of hostile rulings his trial had
not been fair, but the conviction of the four “gunmen”
was affirmed. They were electrocuted at Sing Sing prison
on April 13, 1914. Subsequently, after a second trial,
Becker was again convicted, and was duly electrocuted.
Another source of quick-ripening trouble to Tammany
Hall, turning large numbers of voters against its chief,
Mr. Murphy, and against the whole system of the “Organization,”
was the summary manner in which it impeached
and disposed of Governor William Sulzer.
Mr. Sulzer had been a member of Tammany Hall for
twenty-five years, and had always been pushed into office
by Tammany Hall since the time when, as a young man,
he had been one of Mr. Croker’s protégés. Elected to the
New York State Assembly, he had been made its Speaker
at a youthful age. Later he had been repeatedly sent to
Congress by Tammany Hall nominations, and it was primarily
a Tammany backing that caused his nomination
and election as Governor, in 1912. Tammany believed
that it had every reason to feel sure that as Governor Mr.
Sulzer would continue pliable and docile to the “Organization’s”
orders and interests.
“Boss” Murphy, however, was soon disillusioned when
Governor Sulzer declined dictation.
According to Mr. Sulzer’s detailed story,[3] he (Sulzer),
immediately prior to going into office as Governor, spent
an afternoon with Mr. Murphy at his request in his private
room at Delmonico’s.
“His attitude,” Mr. Sulzer related, “was very friendly
and confidential. He said he was my friend; that he knew
of my financial condition and wanted to help me out. As
he went on, I was amazed at his knowledge of my intimate
personal affairs. To my astonishment, he informed me
that he knew I was heavily in debt. Then he offered me
enough money to pay my debts and have enough left to
take things easy while Governor. He said that this was
really a party matter and that the money he would give me
was party money … and that nobody would know anything
about it; that I could pay what I owed and go to
Albany feeling easy financially. He then asked me how
much I needed, to whom I owed it, and other personal
questions.
“As I did not want to be tied hard and fast as Governor
in advance, I declined Mr. Murphy’s offer, saying
that I was paying off my debts gradually; that my creditors
were friends and would not press me; that I was
economical, that I would try to get along on my salary
as Governor.” Mr. Sulzer asserted that Mr. Murphy
repeated the offer, and that when he (Sulzer) again refused,
Mr. Murphy said, “If you need money at any time,
let me know, and you can have what you want. We
cleaned up a lot of money on your campaign. I can afford
to let you have what you want and never miss it.”
Then, according further to Mr. Sulzer’s story, Mr.
Murphy wanted Governor Sulzer to meet him at the hotel
in Albany where Murphy was staying; Sulzer did not go.
Subsequently, on the night of February 2, 1913, they met
at Justice Edward E. McCall’s house in New York City,
where Murphy urged the appointment of his friend, John
Galvin, to succeed Mr. Willcox as a member of the Public
Service Commission in New York City. The Public
Service Commission is a body invested with enormous authority
in the matter of granting of public franchises and
other comprehensive powers; it had been under anti-Tammany
control, and it was a body the domination of which
was pressingly sought by Tammany; there were vast subway
franchises to be awarded, and the powers of that
body could be used with almost autocratic effect in certain
ways over the entire range of recognized public
service corporations. Governor Sulzer would not appoint
Galvin, but finally compromised upon the selection of Justice
Edward E. McCall as Chairman of the Public Service
Commission.
“At this meeting and subsequently,” Mr. Sulzer declared,
“Mr. Murphy demanded from me pledges regarding
legislation and especially concerning appointments to
the Public Service Commission, the Health Department,
the Labor Department, the State Hospital Commission,
the Department of State Prisons and the Department of
Highways.” Murphy insisted that various Tammany
men whom he named should be appointed to those offices.
Mr. Murphy, however, favored the retention in office of
C. Gordon Reel, State Superintendent of Highways, saying
that he was “a good man.” “Mr. Murphy added,”
Mr. Sulzer’s statement continued, “that if I wished a new
State Superintendent of Highways, ‘Jim’ Gaffney was
the best all-around man for the job.”
“When I took office as Governor of the State last January,”
Mr. Sulzer declared in a signed published statement,
“on the very first day my attention was abruptly called to the fact
that during the year just ended there had been spent in the State
$34,000,000 WITHOUT A SINGLE AUDIT.
“On the second day that I was in office a messenger presented to
me bills amounting to hundreds of thousands of dollars, pointing
out to me where I was to sign my name. If I had attached my signature
to those bills they would have been immediately paid, and yet
the messenger thought that he was telling me nothing unusual when
he said that other Governors had signed bills that way, and that one
Governor had left a rubber stamp outside his office with the messenger,
so that he would not be bothered.
“‘Leave those bills there,’ I said, ‘and I’ll look into them. The
rubber stamp period is over.’”
After Mr. Sulzer had become Governor he learned, as
his statement read, that the State Architect had expended
more than $4,300,000 in the previous year; that this was
done practically on the certificate of that official, and
that there had been no proper audit; the vouchers had
been carried to the trustees of public buildings, composed
of the Governor, Lieutenant-Governor and Speaker of the
Assembly by a clerk and approved by the use of a regular
office stamp. Governor Sulzer also learned, he said, that
the appropriation for 1912 had been exceeded by nearly
half a million dollars, and that there was no proper supervision.
Governor Sulzer appointed John A. Hennessy
as Commissioner to investigate reports of graft in these
and other departments. At the same time, he appointed
George W. Blake as Commissioner to inquire into prison
management.
Mr. Hennessy’s report disclosed the most widespread
graft. In construction work on public buildings, large
bills had been submitted for inferior material; the payrolls
on the electrical and other contracts had been
padded; regular State employees had been displaced as
inspectors and timekeepers by political henchmen from
Tammany District Leader James J. Hagan’s district in
Manhattan, from which the State Architect, his secretary,
and the foreman on the general work came. At Governor
Sulzer’s request, Mr. Hennessy asked the State Architect
for his resignation, but Senator Frawley, another Tammany
district leader, intervened with a protest to Governor
Sulzer against any interference with the work on
the State Capitol or other State buildings.
“I sent for Hennessy,” Mr. Sulzer’s narrative went
on, “who in my presence related to Senator Frawley the
main facts in the case, but Frawley still persisted that
nothing should be done with the State Architect’s office,
at least until there had been further consideration of the
case. I told Hennessy to return to the State Architect
(Mr. Hoofer) and insist upon his resignation. What
happened between these two men I can only tell from
Hennessy’s recital to me. Hoofer told him that he
(Hoofer) was not a free agent, that he had no control
over his deputies, that he had no control over his secretary,
nor did he have any control over the men who
checked up the work. He (Hoofer) said they were all
appointed through Tammany Hall.… Hoofer said he
wanted to consult somebody in New York. While I held
the ’phone, I told Hennessy to ask Hoofer the name of
the man, and Hennessy responded that Hoofer wanted an
opportunity to see Charles F. Murphy and explain certain
things.”
Governor Sulzer allowed a few days’ delay. Shortly
before the time limit that Governor Sulzer had set for
Hoofer’s resignation, “John H. Delaney came to me,”
Mr. Sulzer’s story went on, “and said that he had been
talking to ‘the Chief’ over the ’phone, and that Murphy
wanted Hoofer’s resignation to go over until such time
as he could discuss the case with me.” A little later
“Senator Wagner, Senator Frawley and John H. Delaney
came into the Executive Chamber and informed me
that Murphy was insistent that nothing should be done
in the case of Hoofer during that week, and it was a
subject that would have to be discussed with the organization.”
Upon Governor Sulzer’s demand that he resign
or be immediately removed, Mr. Hoofer wrote his resignation.
The next official removed by Governor Sulzer was C.
Gordon Reel, State Superintendent of Highways, following
Commissioner Hennessy’s investigation and the disclosures
of extensive graft in highway contracts in a large
number of counties. The amount of this graft has been
variously estimated at from $5,000,000 to $9,000,000.
That the system of plundering the State in the building
of roads was no fiction was shown later in the large number
of indictments (followed by many convictions) handed
down against politico-contractors and State employes in
New York State.
In the most important of the indictments found by the
Suffolk County Grand Jury on January 22, 1914, the
Grand Jury charged “grand larceny” and “conspiracy”
in the construction of a so-called “cementitious
Hudson River gravel road” the specifications of which
designated a material absolutely controlled by Henry
Steers, of the contracting firm of Bradley, Gaffney &
Steers, commonly known as “the Tammany Trust.”
During an investigation conducted by James W. Osborne,
in behalf of New York State, the testimony, on
February 17, 1914, indicated that State Superintendent
of Highways Reel ordered the use of a patented road for
roadways and caused the specifications to be changed
so as to favor the Gaffney-Bradley-Steers Company which
controlled this particular patented pavement. And
when Mr. Sulzer testified, on February 29, 1914, before
the Assembly “Graft Hunt” Investigating Committee,
he said that an average of 30 per cent. of the money paid
for those State roads (which had been investigated by Mr.
Hennessy) went into the contract, and that 70 per cent.
went into the pockets of politicians and contractors. Mr.
Sulzer asserted that about $9,000,000 had been stolen in
1912.
According to Mr. Sulzer, Mr. Reel’s appointment as
State Commissioner of Highways had been Mr. Murphy’s
“personal selection.” When Governor Sulzer’s attitude
indicated Reel’s removal, Mr. Murphy (so Sulzer stated)
pressed forward the appointment of “Jim” Gaffney to
succeed Reel. “Mr. Murphy demanded the appointment
of Gaffney, and still later a prominent New Yorker came
to me in the Executive Mansion bringing the message from
Mr. Murphy that it was ‘Gaffney or war.’ I declined
to appoint Gaffney.
“This is the Gaffney who, only a few months afterwards,
on September 4, 1913, in undisputed testimony before
the Supreme Court of New York, was shown to have
demanded and received $30,000 in money (refusing to
take a check) from one of the aqueduct contractors,
nominally for ‘advice.’ This is the man who Mr. Murphy
demanded should be put in a position where he would
superintend and control the spending of sixty-five millions
of the money of the State in road contracts.”
Mr. Sulzer here referred to the testimony of Harry B.
Hanger, aqueduct contractor, who swore that he paid
Mr. Gaffney $30,000 for “expert advice on the labor situation”
on one contract, and $10,000 for the same services
on another contract. Mr. Gaffney later—on March
20, 1914—himself testified before the Special Grand Jury
in New York City as to this transaction.
It was the same Mr. Gaffney, too, whose name was involved
in the award of Contract No. 22 for the Catskill
Aqueduct. This contract was awarded on March 19,
1909, over two lower bidders to Patterson & Company,
a firm of no great capital or experience. James W. Patterson,
Jr., head of that firm, subsequently testified before
the Grand Jury, in 1914, to his making arrangements
to pay 5 per cent. of the contract price ($824,942.50)
as a “contribution to Tammany Hall.” John
M. Murphy, a Bronx contractor, testified that, as agent
for James E. Gaffney, he had arranged to sell the contract,
and had received from Mr. Gaffney 10 per cent., or
$4,125, as his share of a certain $41,250, after threatening
“to kick over the whole deal” if Gaffney did not give
the proper “honorarium.”
It appeared from the testimony that $41,250 in bills
had been deposited in escrow to be handed over by James
G. Shaw, the “stakeholder,” to a some one designated
as Gaffney, on the day after the award of Aqueduct Contract
No. 22. Questioned as to whom this $41,250 was
given, Mr. Shaw could not remember, which forgetfulness
made the fastening of legal proof impossible. The special
Grand Jury investigating this matter reported, however,
in a presentment to Justice Vernon M. Davis, in the
Supreme Court, New York City, on April 21, 1914, that
the Grand Jurors were morally satisfied that a crime had
been committed in the sale of Contract No. 22 to Patterson
& Company, and that this contract could not have
been sold and delivered, as it was, in the name of James
E. Gaffney, “without the collusion of a member of the
Board (of Water Supply) itself.” Inasmuch as five years
had passed since the transaction, the Statute of Limitations
intervened to bar criminal prosecution.
In an inquiry later conducted by District Attorney
Whitman, James C. Stewart swore that one “Gaffney”
asked him for a contribution of five per cent. upon $3,000,000
worth of canal work that he (Stewart) was seeking.
Stewart refused to make the arrangement; his bid
was much the lowest, but he did not then get the contract.
Precisely what “Gaffney” it was who proposed
the handing over of this $150,000, Stewart averred that
he could not tell; he had never seen him previously.
When, on January 30, 1914, District Attorney Whitman
brought Stewart and James E. Gaffney face to face,
Stewart said that he could not identify Mr. Gaffney as the
man who demanded the $150,000.
During the course of this same inquiry Mr. Sulzer testified,
on January 21, 1914, that on learning that Stewart
was to be denied the contracts, he telegraphed on December
18, 1912, to the Canal Board asking it to defer action
until he could consult with its members. Whereupon
John H. Delaney came to him and excitedly said, “My
God, Congressman, what have you done? It angered the
Chief more than anything else I have ever known. The
Chief is wild.” The “Chief,” otherwise Charles F.
Murphy, demanded an interview with the Governor-elect at
once.
In this interview, which was held at Delmonico’s, Mr.
Sulzer quoted Mr. Murphy as saying to him, “Why did
you send that telegram to the Canal Board? You have
no right to butt in on things that don’t concern you. I’m
attending to that matter, and I want you to keep your
hands off. If you are going to begin this way, I can see
now where you will end as Governor. You do what you
are told hereafter, and don’t take any action on matters
that don’t concern you without conferring with me.”
When Mr. Sulzer said he was going to be Governor, Mr.
Murphy (so Sulzer testified) replied: “So that is the
way you understand it? Well, if you go along that line,
I can see where you will end up damned quick. You are
going to be Governor? Like hell you are!”
Mr. Sulzer further testified at this hearing that on the
evening of March 3, 1913, at a luncheon in Washington,
he told Senator O’Gorman that Mr. Murphy was putting
the “screws” on him and bringing to bear all the
influence he could to have James E. Gaffney appointed
Commissioner of Highways, and that Senator O’Gorman
had said: “Governor, if you appoint Jim Gaffney Commissioner
of Highways it will be a disgrace to the State
of New York and it will ruin your political career as
the Governor. Don’t you know that Gaffney is Murphy’s
chief bagman? Don’t you know he is the man Murphy
sends out to hold up the contractors? Don’t you know
he is the man that held up my client, James G. Stewart,
for over a hundred thousand dollars, and he would have
got away with it if Stewart had not come to me, and if
I had not gone to Murphy and read the Riot Act, telling
him that I would not stand for that kind of politics; that
he had to stop Gaffney, and that if he didn’t stop Gaffney,
so far as my client was concerned, I would expose
him.”
Subsequently Mr. Sulzer met Mr. Murphy several
times, and was importuned (so he testified) to appoint
Mr. Gaffney. When Sulzer replied that it was impossible,
Mr. Murphy announced, “Well, it’s Gaffney or war.”
Mr. Sulzer’s testimony went on: “At this conversation,
one of the things Mr. Murphy said to me was, ‘If you
don’t do this, I will wreck your administration.’ It was
not the first time he had threatened me, and I answered,
‘I am the Governor, and I am going to be the Governor.’
He said, ‘You may be the Governor, but I have got the
Legislature, and the Legislature controls the Governor,
and if you don’t do what I tell you to do, I will throw
you out of office.’” After Governor Sulzer had removed
Reel, Mr. Murphy was still pressing Gaffney’s appointment.
Of the inquiries into graft carried on by George W.
Blake and John W. Hennessy, Mr. Sulzer testified:
“Their reports staggered me, and believe me, it takes
something to stagger me. There was graft, graft everywhere,
nor any man to stop it.” Mr. Sulzer testified
that Mr. Murphy had sought to hamper the graft exposure
by causing to be cut off—for the first time in the
State’s history, he said—the Governor’s contingent fund,
and he described how it became necessary to raise money
by private subscription to enable the graft inquiry to
be carried on.
“I have been in office now for six months,” wrote Mr.
Sulzer in a signed article later, “and in that time I have
learned enough to be able to say without fear of contradiction
that in the past three years $50,000,000 of the
people’s money has been wasted or stolen.”
In a talk, on March 18, 1913, with Mr. Murphy over
appointments to the Supreme Court of New York State,
the Tammany chief—so Mr. Sulzer related—“threatened
me with public disgrace unless I agreed to his program
on legislative matters and appointments. It was at
this conference, too, that he talked about the things he
‘had on me,’ and said that I had better listen to him and
not to his enemies up the State; that if I did what he told
me I would have things easy and no trouble, and that if
I didn’t do what he wanted me to, I would have all the
trouble I wanted.…
“He was very insulting. Then I asked him what he
could do to destroy me. And he said: ‘Never mind;
you will find out in good time. Stand by the organization
and you will be all right. If you go against the organization,
I will make your administration the laughing
stock of the State.’ It was at this time that he asked
me to call off George Blake, the commissioner who was
investigating the prisons.… I told him that Blake was
an efficient man and that I was going to let him go on with
his work, and he said, ‘If you do you will be sorry for it.
Mark what I am telling you now!’
“I told him what I had heard about the vileness of
things in the Sing Sing and Auburn prisons. I said:
‘We certainly ought not to stand for them. I want to
get at the facts, and if there is anything wrong, stop it;
if there is any graft, eliminate it.’ Mr. Murphy told
me that he didn’t want anything done in connection with
Sing Sing prison by Blake or any other man; that the
warden there, Mr. Kennedy, was a friend of his and a
good man, and he wanted him left alone. This, remember,
was the warden whom I afterward removed from his
place on charges and who was since indicted by the Westchester
grand jury.” It may be noted here that later
there were a number of prosecutions in prison graft cases.
The graft in the prisons reached a total of many millions
of dollars in the one item alone of the substitution of
bad food for the good food paid for by the State. Extensive
grafting was found in other respects.
Mr. Sulzer added that one of the agents through whom
Mr. Murphy most frequently communicated with him
was Justice Edward E. McCall. “Judge McCall usually
spoke of Mr. Murphy as ‘the Chief,’ and would say to
me that ‘the Chief’ wished such and such a thing done,
or demanded that I follow such and such a course of action.
Every Tammany member of either house who approached
me from day to day used the same language,
saying that ‘the Chief’ demanded this or demanded that,
or that ‘the Chief’ had telephoned to put through such
a piece of legislation, or kill some other piece of legislation.”
Meanwhile, on March 10, 1913, reports of trouble between
Governor Sulzer and Mr. Murphy had become public;
when on this date Sulzer removed C. Gordon Reel
as State Superintendent of Highways, it was reported
in the newspapers that Murphy had asked Governor Sulzer
to name James E. Gaffney, his partner in the contracting
business, as Reel’s successor. On the next day,
Mr. Murphy hotly denied that he had asked Gaffney’s
appointment. From day to day further reports of estrangement
were published. In a speech before the
Democratic editors of the State, on March 25, Sulzer asserted:
“No man, no party, no organization can make
me a rubber stamp. I am the Governor. Let no man
doubt that.”
It appeared that Mr. Murphy had the idea that Sulzer
was at heart a Progressive; it may be explained that the
Progressive party had polled a large vote and was recognized
as a powerful political factor.
It was on the night of April 13, 1913, that Governor
Sulzer, according to his interview published later in the
New York Evening Mail, held his final interview with Mr.
Murphy. “I asked him,” Mr. Sulzer said, “not to interfere
with the trial of Stilwell in the Senate. I said,
‘What are you going to do about him?’ ‘Stand by him,
of course,’ replied Mr. Murphy. ‘Stilwell will be acquitted.
It will only be a three-day wonder. How do
you expect a Senator to live on $1,500 a year? That is
only chicken feed.’ … Before we parted that night, I
warned Mr. Murphy that he would wreck the party and
accomplish his own destruction if he persisted in shielding
grafters and violating platform pledges. His angry retort
was that I was an ingrate, and that he would disgrace
and destroy me.”
In fact, as Mr. Murphy predicted, Senator Stephen J.
Stilwell was voted not guilty of official misconduct, by a
vote of 28 to 21 in the Senate, after an investigation by
the judiciary committee of charges of bribery made
against him by George H. Kendall, president of the New
York Bank Note Company. But subsequently Stilwell
was indicted in New York County, convicted of bribery
upon substantially the same evidence as that upon which
a majority of his colleagues in the State Senate had acquitted
him, and he was sentenced to a two-year term in
prison.
Replying later to Mr. Sulzer’s charges, Mr. Murphy
definitely denied that he had ever recommended the appointment
of James E. Gaffney as Highways Commissioner;
that he ever mentioned Gaffney’s name to Governor
Sulzer for any office; he emphatically denied that he ever
made the threats that Sulzer attributed to him or that he
ever sent for Mr. Sulzer to come and see him. Mr.
Murphy asserted that he never saw Sulzer alone after he
became Governor “because I knew he’d do just what he
has done—perjure himself.”
In April, 1913, Governor Sulzer pushed his Direct Primary
Bill, and Tammany members of the Legislature decided
in retaliation to defeat all bills favored by him and
to “hold up” all of his appointments. On April 24,
1913, Tammany legislators were stirred to anger by his
veto of a direct primary bill that they had concocted; a
few days later they overwhelmingly voted down his direct
primary bill. More retaliation followed on both sides.
It was during this time—in May, 1913—that the
New York World published specific charges that in return
for a promise made two years previously to get a
lucrative post for J. A. Connolly, a personal friend, Justice
Cohalan, Murphy’s legal and political adviser, had
taken a note from Connolly for $4,000. This promise,
it was charged, had not been kept. There were, it was
also charged, back of this note a series of transactions
in the years 1904 to 1906 between Connolly and Cohalan
involving the payment of various sums amounting to
$3,940.55; Connolly claimed that Cohalan had demanded
and obtained from him 55 per cent. of the net profits on
all city work that was given to Connolly’s firm by means
of Cohalan’s influence. Connolly further claimed that the
payments to Cohalan were calculated on this basis, and
that their friendship ceased when Cohalan demanded $1,500
more than Connolly reckoned was due him. Threatened
with an action at law, Cohalan surrendered the $4,000
note to Connolly’s attorney.
These charges were investigated by the Grievance Committee
of the Bar Association; the report of that committee
confirmed every charge made. Refusing to recognize
the jurisdiction of the Bar Association, Justice Cohalan
requested Governor Sulzer to have the charges
passed upon by the Legislature; this Governor Sulzer did
in a special message embodying the report of the Grievance
Committee of the Bar Association. The Legislature
ordered a trial before the Joint Judiciary Committee.
Justice Cohalan admitted on the witness stand that he
had made a great mistake in his dealings with Connolly,
and that the money he had paid to Connolly was blackmail
given in the hope of hushing up the affair for the
good of his party. William D. Guthrie, representing the
Bar Association, reviewed the case in detail, and demanded
Justice Cohalan’s removal. The Joint Judiciary Committee’s
report recommended that the case against Justice
Cohalan be dismissed, which report was upheld by a majority
vote of the Legislature. Opponents of Tammany
pointed out that this was a characteristic action from a
Legislature dominated by Tammany influences.