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INVESTIGATION OF HON. HARRY M. DAUGHERTY, FORMERLY ATTORNEY GENERAL OF THE UNITED STATES

SATURDAY, MARCH 29, 1924

UNITED STATES SENATE,

SELECT COMMITTEE ON INVESTIGATION

OF THE ATTORNEY GENERAL,

Washington, D. C.

The committee met at 10 o'clock a. m., pursuant to adjournment on yesterday, in the caucus room, Senate Office Building, Senator Smith W. Brookhart (chairman) presiding.

Present: Senators Brookhart (chairman), Jones of Washington, and Ashurst.

Present also: Hon. George E. Chamberlain, representing Hon. Harry M. Daugherty.

The CHAIRMAN. The committee will be in order, and the witness may be sworn.

TESTIMONY OF NICHOLAS CIMINO, NO. 9 OLIVER STREET, NEW YORK CITY

(The witness was duly sworn by the chairman.)

The CHAIRMAN. What is your name?

Mr. CIMINO. Nicholas Cimino,

The CHAIRMAN. Where do you live?

Mr. CIMINO. No. 9 Oliver Street.

The CHAIRMAN. In New York?

Mr. CIMINO. In New York.

The CHAIRMAN. What is your business?

Mr. CIMINO. Real estate.

The CHAIRMAN. Do you know Howard Mannington?

Mr. CIMINO. Yes, sir.

The CHAIRMAN. When did you first know him?

Mr. CIMINO. Well, I met him in 1920.

The CHAIRMAN. Where?

Mr. CIMINO. At my restaurant.

The CHAIRMAN. Did he come to your restaurant in New York?

Mr. CIMINO. He came to my restaurant with a party of friends. The CHAIRMAN. Do you remember who those friends were, any of them?

Mr. CIMINO. No, sir.

The CHAIRMAN. Was Jess Smith amongst them?

Mr. CIMINO. No, sir.

The CHAIRMAN. Bill Orr?

Mr. CIMINO. No, sir.

Senator JONES of Washington. Do you know those men?
Mr. CIMINO. Yes, sir.

Senator JONES of Washington. Mr. Orr and Mr. Smith?
Mr. CIMINO. Yes, sir.

The CHAIRMAN. Yon know Mr. Smith also?

Mr. CIMINO. Yes, sir.

The CHAIRMAN. Where did you first meet him?

Mr. CIMINO. I met him in Washington, during the inauguration.

The CHAIRMAN. And did you meet him often after that?
Mr. CIMINO. I met him several times.

The CHAIRMAN. Now, how often did you see Mannington after first meeting him?

Mr. CIMINO. Oh, I saw Mannington quite often.

The CHAIRMAN. Where?

Mr. CIMINO. Sometimes in New York during the preconvention campaign, and after the inauguration I met him in Washington several times.

The CHAIRMAN. Did you meet him at the green house, 1625 K Street?

Mr. CIMINO. Yes, sir.

The CHAIRMAN. And you met him at the Lafayette Hotel also? Mr. CIMINO. Yes, sir.

The CHAIRMAN. Now, who else did you meet there?

Mr. CIMINO. Where, sir?

The CHAIRMAN. Well, at the K Street house.

Mr. CIMINO. Well, I saw a lot of people there.

The CHAIRMAN. Well, was there a man there named Craft Miller? Mr. CIMINO. I saw him around there.

The CHAIRMAN. How often did you see him there?

Mr. CIMINO. Two or three times.

The CHAIRMAN. Was there a man there by the name of Caskey! Mr. CIMINO. I saw him around there.

The CHAIRMAN. Miller and Caskey and Mannington lived together there in this house, did they not?

Mr. CIMINO. I suppose so. I don't know.

The CHAIRMAN. You saw the three of them there at this green house?

Mr. CIMINO. I saw them there; yes.

The CHAIRMAN. Now, did you have any transactions with Mannington with reference to the appointment-first, with reference to Commissioner of Immigration?

Mr. CIMINO. Yes, sir.

The CHAIRMAN. Now, what was that transaction?

Mr. CIMINO. Well, this Philip Giodimino wanted to be appointed Commissioner of Immigration in Washington.

The CHAIRMAN. Yes.

Mr. CIMINO. And he came over to me, and I went over to see Mannington about this appointment.

The CHAIRMAN. And what did Mannington say to you about it? Mr. CIMINO. Why, he said that he would intercede and recommend Giodimino.

The CHAIRMAN. Who would he intercede with?

Mr. CIMINO. With the Department of Labor, and also I suppose with the Attorney General.

The CHAIRMAN. Attorney General Daugherty?

Mr. CIMINO. Yes, sir.

The CHAIRMAN. Now, why did you go to Mannington?

Mr. CIMINO. At the K Street house.

The CHAIRMAN. Why, I say? What was your reason for seeing Mannington about that.

Mr. CIMINO. Why because he was the man that I knew at the time of the preconvention campaign.

The CHAIRMAN. Had you been informed that he had influence in securing these appointments?

Mr. CIMINO. Well, I knew that he had managed the campaign with the Attorney General, and I had my dealings with him, so I thought that he was the man to go to.

The CHAIRMAN. And what did he say to you about this appointment of Commissioner General of Immigration?

Mr. CIMINO. Why, he said that there was a possibility of it.

The CHAIRMAN. And what was it to cost?

Mr. CIMINO. There was no consideration at all.

The CHAIRMAN. None mentioned at all?

Mr. CIMINO. None mentioned at all.

The CHAIRMAN. Did you go to see Mr. Daugherty, himself?
Mr. CIMINO. I did.

The CHAIRMAN. Where did you go to see him?

Mr. CIMINO. I was over to the Department of Justice.

The CHAIRMAN. And what did Daugherty say to you?

Mr. CIMINO. Why, he was quite late to the Department of Justice.

I waited there until about 7 o'clock. He came out and he said that

he was going home, and him and I went out and we went over to the

The CHAIRMAN (interposing). H Street house?

Mr. CIMINO. H Street house.

The CHAIRMAN. And who did you see there when you went there? Mr. CIMINO. I saw Mr. Daugherty. We went together.

The CHAIRMAN. Well, was there anyone else with you?

Mr. CIMINO. With me? No, sir.

The CHAIRMAN. Well, was Jess Smith there?

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The CHAIRMAN. Now, did you have any conversation with Daugherty about Jess Smith and Mannington?

Mr. CIMINO. About Jess Smith and Mannington?

The CHAIRMAN. Yes.

Mr. CIMINO. No, sir; I spoke about the appoinment of Philip Giodimino.

The CHAIRMAN. Did you tell Daugherty that you had taken that matter up with Mannington?

Mr. CIMINO. I don't remember.

Senator ASHURST. Would you swear you did not tell him that?

Mr. CIMINO. I would not.

The CHAIRMAN. Well, you went to him; that was the first time. you had met him, was it?

Mr. CIMINO. No, sir.

The CHAIRMAN. You knew him before that?

Mr. CIMINO. Yes, sir.

The CHAIRMAN. Where did you first meet Daugherty?

Mr. CIMINO. I met him at the national committee in New York. The CHAIRMAN. When was that?

Mr. CIMINO. During the campaign.

The CHAIRMAN. How many times did you meet him before you went to call on him at the Department of Justice?

Mr. CIMINO. Only about once-I think once or twice.

The CHAIRMAN. Now, you say you did not succeed in getting this man his job?

Mr. CIMINO. No, sir.

The CHAIRMAN. And nothing was said about any pay for it?
Mr. CIMINO. No, sir.

The CHAIRMAN. Then did you try to get him another job?
Mr. CIMINO. Yes, sir.

The CHAIRMAN. What was that?

Mr. CIMINO. Commissioner of immigration in New York.

The CHAIRMAN. And who did you see about that?

Mr. CIMINO. Well, I saw Senator Calder and, I believe, Senator Wadsworth.

The CHAIRMAN. Did you see anyone in the Department of Justice? Mr. CIMINO. No, sir.

The CHAIRMAN. Did you see Mannington and Orr?

Mr. CIMINO. I saw Mannington regarding the appointment.

The CHAIRMAN. Now, this job-was there any amount of money for it?

Mr. CIMINO. No, sir.

The CHAIRMAN. You didn't succeed in getting it?

Mr. CIMINO. No, sir.

The CHAIRMAN. Do you know Mr. Moore and Mr. Price!
Mr. CIMINO. Yes, sir.

The CHAIRMAN. Who are they?

Mr. CIMINO. Well, they were stenographers.

The CHAIRMAN. In the United States courts?

Mr. CIMINO. Well, I know they were stenographers before they were in the United States courts.

The CHAIRMAN. Before?

Mr. CIMINO. Yes, sir.

The CHAIRMAN. Now, did you have any dealings with them about getting a position?

Mr. CIMINO. Yes, sir.

The CHAIRMAN. What was that?

Mr. CIMINO. Why, they wanted to get the contract of stenographic work in the Federal court in New York.

The CHAIRMAN. Yes. And did you see anybody about that?
Mr. CIMINO. Yes.

The CHAIRMAN. Who did you see?

Mr. CIMINO. I saw Mr. Mannington, and I believe I wrote a letter to the Attorney General recommending Mr. Price and Mr. Moore.

The CHAIRMAN. Did you write this letter at Mr. Mannington's suggestion?

Mr. CIMINO. No, sir.

The CHAIRMAN. What was the arrangement about pay for this?
Mr. CIMINO. There was no arrangement about pay.

The CHAIRMAN. What was done about the pay?

Mr. CIMINO. Why, I think about a year afterwards these boys continued in their contract; Mr. Price came over and gave me some money from time to time.

The CHAIRMAN. He did pay you money from time to time?
Mr. CIMINO. Yes, sir.

The CHAIRMAN. Now, why did you get money from those people? Mr. CIMINO. Why. I suppose they knew that I had incurred expenses, and I suppose they wanted to compensate me.

The CHAIRMAN. How much did they pay you?

Mr. CIMINO. About from $1,000 to $1,500.

The CHAIRMAN. Did it not go as high as $3,500?

Mr. CIMINO. Why, I had loaned Mr. Price money personally, which he paid me, and that may be the amount that you may allude

to.

The CHAIRMAN. That made the $3,500?

Mr. CIMINO. Possibly.

The CHAIRMAN. Or was it $4,500?

Mr. CIMINO. No; I don't think so.

The CHAIRMAN. How often did you visit Mannington at the K Street house?

Mr. CIMINO. Well, I don't know how many times, but quite often. Whenever I was in Washington.

The CHAIRMAN. And how often would that be?

Mr. CIMINO. Maybe once a day; maybe two or three times a week. The CHAIRMAN. And how long did that continue that you visited there so often?

Mr. CIMINO. Why, until I found out that there couldn't be anything done for Giodimino.

The CHAIRMAN. You stayed here in Washington awhile, then?
Mr. CIMINO. Why, I used to come in on and off.

The CHAIRMAN. Now, you knew something about the relation of Orr and Mannington and Gorini?

Mr. CIMINO. From what Gorini told me.

The CHAIRMAN. Did you ever talk to Mannington about it?
Mr. CIMINO. No, sir.

The CHAIRMAN. Did you not make objection to Mannington because you were not in on that liquor deal?

Mr. CIMINO. Objection? Why, I told him that everybody was getting something out of it.

The CHAIRMAN. And you were not in on it?

Mr. CIMINO. No, sir.

The CHAIRMAN. Well, did you kick to Craft Miller?

Mr. CIMINO. I don't remember.

The CHAIRMAN. And the rest of them there at the house about it? Mr. CIMINO. I beg pardon?

The CHAIRMAN. You do not remember whether you made any kick to Craft Miller or not?

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