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Show ICK DECLINES 10 11F.MUESI1S Brings Libel Suit Instead of Appearing Before Sulzer Investigator, ALBANY. X. Y.. Sept. 15. Norman E. Mack, former chairman of the Democratic national committee, failed to appear today before George A. Hennessey, Governor Sulzcr's special investigator, to answer charges of having failed to account for moneys contributed to him in the gubernatorial guber-natorial campaign of 1910. Instead Mr. Mack, through his secretary, secre-tary, served Mr. Hennessey with summons sum-mons and complaint In a 550,000 action for libel. Mr. Mack complains that Hcnnessy has caused to be published "charges In effect that the plaintiff unlawfully appropriated to his own use moneys contributed by others as a campaign fund toward tho election of John A. Dlx as governor of the stale of New York, and said publication publica-tion also charges in effect that the plaintiff plain-tiff blackmailed individuals and corporations corpora-tions in connection with the collection of campaign funds." Following the publication of Mr. Hen-nessy's Hen-nessy's charges Mr. Mnok announced hla willingness to appear before the investigator investi-gator at any time nnd place he might designate. Mr. Hcnnessy then fixed the hearing at Albany this morning. After waiting with stenographers for half an hour. Mr. Hcnnessy announced that an neither Mack nor Arthur A McLean of Ncwburgh, treasurer of tho Democratic state committee, had appeared, the session stood adjourned. Mr. Hcnnessy had hardly left the hearing chamber when Mack's secretary appeared and explained that a delayed train was responsible for his failure to appear promptly. The service of the legal papers followed. Mr. Hcnnessy in a statement today says he had "personal knowledge that canal and highway contractors and others oth-ers were blackmailed out of large sums. "! said," the statement proceeds, "that ?1 50,000 had been collected through Mack that had never been reported. It is my belief now that the figure is nearer $300,-000. $300,-000. "Mr. Mack instead of coming sent his secretary to serve me in a libel suit. In the letter explaining this suit he announces an-nounces that under instructions from Ills counsel he will not appear before me. In his letter also he states that If I will answer the suit for libel they will guarantee mo a speedy trial in th courts. I will make a speedy answer. I predict the case will imver omc to trial. Mack could not bo drawn Into the court oven by his two bosom friends, Charley Murphy and Boss Fltr.palrb-k. "1 was ready today to ask htm questions ques-tions In relation to his operations In the years 1011 and 1P12. I know Ihe men who have been blackmailed, not only the canal barge men and the road contractors, contrac-tors, but others. "Of course. T am rather itching to make public evidence which T have collected col-lected and T would have made public much of it in the questions which I would have asked of Mack. "I do not regard It as wlso now to make public what I have, because I trust that Governor fc'ulzcr will be able, when relieved of the Impeachment resolution, reso-lution, to call an extraordinary session of the grant! Jury In Albany county, and there I will prove everything that I have said respecting Mack and McLean." Concerning Mr. McLean, treasurer of the Democratic stato committee, who also failed to appear today, the statement says: "McLean, of course, does not care to come In any event. . His case is for the first grand Jury Wc can take It to." NEWBURGH, N. Y.. Sept. 15. Arthur A. McLean, treasurer of the Democratic stale committee, gave out a statement tonight in which he says: "I am not a state officer and I have been advised that It is not necessary for me to go to Albany. If Mr. Hennessy had authority to act for the governor before his impeachment, he certainly has no authority now, as his commission as agent for the governor lapsed automati-qally automati-qally after his Impeachment." |