The evening world., 1893-11-20
Released from the Tombs Prison
This Afternoon.
He Has No Plans but Will "Watoh
the Police"
District Attorney Nicoll Will Appeal
the Case.

CnarieS W. Gardner was released from
the Tombs at 10 this afternoon, but even
that last step was stumble.
Warden Fallon had never before seen
such an order of release. He read the
document with cautious slowness. Then
he asked Lawyer Brague IL he had any
authorization from the Distr.ct-Attorney's
Office.
Mr.. Brague fired up, drew his gold
watch from his pocket and said, angrf-
ly, his body shaking with wrath
"Ill give you just five minutes. II
Gardner Is not set free at the end Of
that time l shall begin proceedings
against you for false imprisonment
shall get a writ of habeas corpus. That
is a certified copy of the order OF the
General Term, with the seal of the
County Clerk
The Warden smiled. walked slowly
into the prison and disappeared.
Two minutes later the key turned in
the lock of cell s. which used to hold
Carlyle w. Harris and Charles w. Gard
ner walked out a free man.
Gardner was clad in an old thread
bare and greasy suit of clothes. He
smoked the stub of a cigar. and tried
World'' reporter he said:
II have no plans. / don't know what
| shall do. have spent all my money
buying decent food in the Tombs. I
have been there continuously since Feb.
], when my trial began. being unable to
get $500 bail.
II shall see my attorney, Frank Moss.
| shall go up and see my little girl for
the first time. and my little wife, who
Is living with friends.
" / IN grra fSNr-
false imprisonment or not. l don't care
for their appeal. Let 'em. I'll give them
all they want before they are through.
em. l shall watch them. and I'll get
'em. too. ] don't know whether 1 shall
ask to be re-instated in the employ OF
or not, You see, ! havn't said what 1
shall do, but l shan't run far away
from New York, and l think the public
will hear from me-
Frank Moss, attorney for the Park
hurst Society appeared at the Office
of District-Attorney Nicoll at II o'clock
wI,h a draft of an order which he pro-
posed to submit to one of the Justices
of the Supreme Court General Term.
for his signature, as required by law.
| The order was reversal of the con-
charging him with attempting to extort
money from Kate Amos, alias Lillian
Clifton, the keeper OF a disorderly
But Mr.. Moss had inserted in the
order as the reason for the reversal
and the discharge of Gardner from
GSstGdy of the nd q
uor Of the question of fact:
The District-Attorney declined to ac-
cePt this, as the decision Of Justices
Follett and Parker contained no men
tion of the question of facts.
| Mr.. Battle drew up another form OF
order in which the question OF fact was
eliminated and this paragraph substi-
'It is ordered and adjudged that for
errors of law aforesaid. so found In said
as a matter of discretion, the said judg-
ment of the Court of General Sessions
be and is hereby in all things removed.
and that the appellant be diseharged
M. Moss said Justice O'Brien, of the
General Term, would wait till noon for
him at the Bar Association in Twenty
ninth street. He wanted to submit
both forms to Justice o'Brien. but final
| " agreed to present only that drawn by
Mr.. Battle. upon which Assistant Dis
trict- Attorney Stapler agreed to waive
| the two days notice which he was en-
titled to and make no objection TO the
release of Gardner.
Mr. Moss's order read like this:
| THE defendant has been mt Court OF
General Sessions OF the Peace. held in
and or the city and county OF New
York at the City Hall of said city, on
by a jury OF. felony, to wit, attempted
eXtortion. whereupon the Court ordered
that the said defendant be imprisoned in
a State prison at hard labor for the
term of two years, and the defendant
having duly appealed from said Judgment
to this court. and the appeal having
come Oh to be heard now, after hearing
John w. Goff, esq, of counsel for the
defendant, and Henry b. B. Stapler, esq.,.
Assistant District-Attorney, for the com-
plainant, and due deliberation having been
had thereon, il is, on motion of Frank
Moss, attorney for the defendant, ordered
and adjudged that said Judgment OF the
/, Court of General Sessions OF the Peace
so appealed from be and Is hereby wholly
reversed. both on the law and the facts:
and that the defendant. Charles w. Gard
ner, pe DISCHARGED from CUSTODY
And II appearing that the defendant
awaiting his appeal, the execution of his
sentence having been stayed by a cer-
tificate of reasonable doubt. it is further
! ordered that the Warden of the City
Prison IN the city of New York, on the
production OF certified copy Of this
| order discharge the said deIendant from
| custody"
said observation-disclosures Nicoll to-day :,
| "All that the majority of the General
! Term has decided Is that Gardner Is not
guilty on the facts proven, because Mrs,
l'Amos. his victim. was not afraid of his
threats, and had she paid the money IL
would not have been eNtortion, as fear
must be present.
The decision says simply that Card
ner is not legally guilty although he
may be morally guilty"