New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-11-17
w. J. GAYNOR OBJECTS.
lie WANTS THE ATTORNEY-GENEifALIO AL.
THAT OFFICER, lie THINKS, SHOULD GO BE-
FORE TIE GRAND JURY IN THE ELECTION
FRAUD CAsES-DoUDT Ms TO THE

FRAUD CAsES-DOUDT AS TO THE
POWERS OF SPECIAL COUNSEL
The questions in regard to the appointment of en-
Judge REYNOLDS and f. NJ. Shepard counsel TO
the Brooklyn DistrlctAtorney TO prosecute the
election fraud cases were by no means settled
Yesterday The formal announcement of their APP
pointment was made to them by District-Attorney
RiAgway. who had secured the approval of County
JudgelMoore Neither of them declared his willing
ness to accept the obligation. but the appointments
were filed with the County Clerk. Mr. Shepard
had a consultation with ex-Judge Reynolds The
District-Attorney offered them the fullest facilities
Both the appontees received this dispatch from
Governor Flower yesterday showing that the Dis
trict-Atorney suggested their names:
, Albany, November 10, 1893
SEQ by published interviews that you have some hest
taton accepting commission Of the District-At
TO take charge Of the prosecutions in the recent
election frauds sincerely hope you will not refuse 10
undertake the Your suggested BY me 10
the Dsrct.Attorney after careful reflection and be-
iicve you particularly tted ror undertaking the work
and the approval which your selection has received from
the public shows confidence the people have in
you. 1 assured by the Dis'rictAorncy that the en-
machinery his onice Will be placed at your com
mand that you will have sole and complete charge OK
these prosecutions. II this Is not sufficient you may
the active cooperation OF myself and the AttO
neyGenera to the full extent Of our power If you are
hampered any improper in bringing criminals 10
justice, shall expect you innrm Of IT, aad you
shall have whatever assistance can give you in the
premises. BE assured that there is no other disposition
vindlcate the and bring the guilty TO
justice matter where they may be found.
ROSWELL T.. FLOWER.
The status Of the matter was not settled to the
satisfaction of Mr.. Gaynor. and he addressed this
letter to Governor Flower In reply to his Of Tues
day
beg to acknowledge the receipt of your favor OF
November IA, 1898. in answer to my letter to you OF
Nnrn ,.rI
requesting take action until some of us could
be heard, because from the newspapers that DOUBT
existed Attorney Generals Office TO the power
OF that office to act. 1 request that some CT
before final disposition b. made of this in
portant matter. had from boyhoot the Attorney
General in criminal Prosecutions, and had
doubt power do in the present instance when
wrote to you, though had had the to LOOK
the precise which give him that power. l beg
call attention 10 Section % OF the Executive
Law as revised in 1892 Subdivision thereof says II
SO many words that the AttoIneyGene shall, when.
ever required by Justice OF the Supreme
Court attend the Courts OF oyer and Tcrminer for the
purbose Of mana ying and conducting criminal
proceeding therein" Instead Of applying to Justice OF
the Supreme Court this provision permits. the dis
position was IS apply to the Governor, it also
permits and is what have done. If the Attorney
required TO proceed under the provision have
cited he his deputies will have tie power go before
tho Grad Jury, which need not you is the
important point OF ALL Indeed that is the chief thing
those who have these prosecutions at heart have
In mind.
But how Is with regard the special counsel which
you request the District Attorney to have appointed
Will they any right TO before the Grand Jury
and a proper hearing there and be the Official
advisers body suppose you aware that the
DistrictAtorney would officially advise the Grand Jury
that they without jurisdiction 10 inGict for msdc
Such The advice given by him Ia the
Columbian Wrongs and adhered to by him in the
franchise To send such Police Justices
would be ludcrous. l suppose your recommendation 10
the Dist.ao.ncy based section POI Of county
law, revised in IeJ2. beg 10 call your attention
especially fact that section only enable the
DistrctAttomey with the consent OF the County Judge
employ counsel him the actual trial OF
cause. 1t does employed would
have the right 10 before advise the Grand jury
Indeed IL such counsel advised the Gr,nd jury would
fact require Ike set aside indictment
fund under such 0dyicel IL does that such
counsel may b. appointed a. all until after indictment
is found / trust that time Will be found spite OF
your many pressing Official duties, 10 give hearing 10
here who would gard wrong step in this
a. public misfortune. Inc chief thing they Is
official representative before the Gland Jury. IL
useless to talk OF the tia OF the indictments The
natter In hand l. have proper airing before
the Grand jury and have indictments found shall
b. worth something the day OF trial. shall be
obliged 10 take leave this matter and should efore
like 10 refer you Mr. Edward NJ SHEPARD.