New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-11-06
DIDN'T BLUFF MIR. OLMSTED.
THE DISTRICT ATTORNEY FAILED TO
SEE REGISTRATION WARRANTS.

DEMANDED AND THREATENED IN THE ToMBs
POLICE COURT IN vAtN-ADMITs HE
INTENDED TO INTERFERE TO
PREVENT ARRESTS.
For time John McCuagh. the Superintend-
ent Of Elections has been securing warrants
from the Centre-s,. police against persons
alleged to be guilty OF Illegal registration 1t has
been the custom for some time for all warrants to
be turned to the police sergeant in charge Of
the squad before being issued. Magistrate
Olmsted. however who has been sitting IN this
court recently, has made it rule that these regis
tration warrants should not be turned over to this
officer. Magistrate Omsted is Republican.
About noon yesterday Assistant District-Atto-
ney Grady entered the Centre-st court. and going
to Magistrate Omsted demanded to inspect all
warrd ITS issued against persons charged with
Illegal registration in the month of Octobe..
Magistrate Olmstei replied that he wouln have 10
take time to consider the request Mr. Grady
formally dema nded the warrants and re-
ceived the answer. Mr. Grady at once left
the courtroom and soon afterward Disrict-Attor-
ney Gardiner. with lawbook under mis- arm ac-
companied by Assistant District-Attorney Town
send appeared. The Oistri,;-Attorney seated him
self with the Magistrate on the bench AS soon
as he got an opportunity he said:
II desire TO inspect all warrants Issued out or
this court charging persons with Illegal registra-
ton for the month OF Octobe;"
Il will have consult with other members Of
the Board Of Magistrates before do that" re-
piled Magistrate Olmsted.
II won't consent such proceeding said
NJ Gardiner excitedly II want an answer right
here and now"
'I'll have 20 consult with others Magistrates.
calmly reiterated Magistrate Olmsted.
Colonel Gardiner opened the law book he had
brought along. and pointed out the section OF the
Code which provides that the afidavits on which
warrants are issued may be inspected by counsel
for the defence or the District-Attorney. Mags-
trate Olmsted smiled and said he knew the sec
ton Of the Code but interpreted II to mean that
the afndavits could be inspected after the wrts
had been served and not before the service OF the
process.
.'You must decide the matter now" insisted
Colonel Gardiner. you know that all processes
are initiated by the strctAttorney. | now make
a formal demand for the affidavs.'
eft IS very unusual reques, to make. I don't
know that 1t has ever been done before" answered
Magistrate Olmsted II will have to take the
matter under consideration
Il don't recognize your right to consider IT,
holly remarked the District-Attorney. You will
either say you will you will not allow me to In
spect those papers. You must assume the respon-
sibility."
IT will have 10 consult my colleagues" said
Magistrate Olmsed.
not?' insisted Colonel Gardiner.
81 don't say you have not the right to inspect the
papers" replied Magistrate Olmsted Il only say
that | will consider the matter and let you know
later"
Don't bubble" said Mr. Gardiner. II will take
your attitude and statements as denial 10 me u
inspect those papers
81 have never before heard of this request being
made" replied Magistrate Olmsted u,a,s.
That Is due TO your ineXperience as a Mas's-
trate," returned Colonel Gardiner
THAT may be-" smilingy said the Magistrate.
The smile seemed to provoke the District Attorney
demand those papers and at once he eel slm tss
proceedings will have to in the event OK you. you.
refusal allow 10 inspect those papers, nut
It is my prerogative as District Attorney to inspect
them. ,,.
Magistrate Olmsted without raising his voice TO
take time TO consider the mater ana consul n dny
colleagues. have not refused to recognize your
Youll regret this refusal to allow me to inspect
he noticed that the court stenosrapher was VIII"
Fare you taking down what say" he demanded
The stenographer replied that ne was paying
writing personal letter. Mr. Gardner did not
seem to understand the reply .,oro u,,,I hs
no stcnographer in this court" he shouted ansrlly
Where is the clerk of this court? who Is the
The clerk was pointed out. and MI Gardinsr
going TO him made demand for the papers fro ne
the Magistrate. and not from the Dsuic'-At-
tOrneys Office. -, - ,.
Il shall instruct the clerk to make the same reply
that have made said Ma gisTate &c oim ny shall
have to refuse TO let you see the papers 49,, +,
District-Attorney Gardiner by this time was req n
the face Turning to Magistrate Olinsted ne salu
II shall very much regret having to DO "hat VIII
have TO do" ~,
II have not refused allow you to see the
papers. remember" replied Magistrate Omsted: 7
shall take the matter under consideration and let
you know in "A reasonable time.
II shall take :hat answer as a REFUSAL, said tne
District-Attorney. and he left the courtroom. In
the corridor he said that II was his intention TO
prevent the issuance OF warrants for Illegal regis
tration based on information and belief. At the
Information and belief. and he did not propose that
that should again. Il shall take the matter
OF Magistrate Olmsteds refusal before the Grand
Jury at once" added the District-Attorney as he
rushed into his office
Last night the District Attorney issued a state
Penal Code Re nd a right to inspect informatons
upon which warrants had been Issued. and SAID
that Magistrate Olmsted acted merely as the Gus
odian OF such informatons In "A ministerial ca
pacity. Ills refusal TO permit the District-Ator.
ney 10 perform his constitutional functions, adde
shall be brought TO a realizing sense OF the statute
by judicial proceedings TO prevent the recurrence
OF suc~a blocking Of the methods OF criminal pro-
cedure in this court. . ,,,s,,oa
District-Attorney Gardiner went before Jus st
Cohen OF the Supreme Court. late yesterday AFTER
noon and procured an order requiring MagisIare
Omsted to show cause before the Justice toinoii1
row why "A peremptory writ OF mandanus shou.a
not be issued compelling him to exhibit 70 'a nj
District Attorney and his assistants any anu a..
Information In his possession as Attorneys
.,ah,. Iii ,hsn Ia brought I'D and decided