New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-09-27
GARDINER AFTER CRANE.
THE INSTRUCT ATTORNEY SUPPORTS THE
POLICE AGAINST THE MAGISTRATE.

WRITES TO CHIEF DEvERY THAT THE ENcisH
CASES Thrown OUT BY THE MAGISTRATE
WILL BE PUSHED FOR INDICTMENT.
AND ASKS MR.. CRANE TO EX-
PLAIN HIS ACTION.
ch,o, Devorv Yesterday submitted to the Police
Board the following letter which he mad received
from Colonel Asa Bird Gardiner. the DISTRICT AL
:orney IN regard TO the cases OF alleged Vo'a''o'
of the Excise law wiich Magistrate crane thre" out
OF court several days ago. with the inclosed copy OF
= Letter written by the Dstrct-A Attorney to Magis-
trate Crane:
William S Devery. Chief of Police: o,,,
sir: / have the honor to acknowiedge t nr
OF your communication of the 9TH Inst concei'',hs
the action OF Magistrate Crane on August ~ ~, ,ha
Of Henry Doy and Michael oir and your
further communication OF scpiem6er a. lSs N v tas
cases Of James Tover and Emil Wes' IN the y III
Magistrate in the WITH District Court these prson
The extraordinary pressure OF pubic business III vi
this office has delayed This acknowlsdsthnv"i ha
submit these complaints to the GRAND jury LOT ~,
dctmen as being proper cases for sn,h Pc Waris
trate Crane upon the subject, copy OF , ~
herewith submitted for yor ini9rn3t,qnnt ,aprfdrm
ance OF public duty shall be protected ana nov sur o
iected from any Official guarte{r To any u
On receipt Of Magistrate Cranes reply shall nn be
prepared to determine what further action II any,
shall he necessary by this Office I beg TO assure
YOU that II indictments be found by the Grand Jury
the cases viii he promptly and visor9g nre pr Ttv
Magistrate refuses 10 take cognzande q p Of
nostIye uncontrndicted evidence is too obvious to
require comment Fave the honor to remain; SIR
"o"i oo''''"' ''"''' district Attorney.
Tho incoscd copy OF the letter from the District
Attorney to Magistrate Crane reads as follows;
tam ( neyetv ESD by commune cation dated Sep
TENDER g. ins has transmitted TO ms onirr uhIS
se eh Iaes arono Iartcnder Who were brought
before you In the Nth District city Maglstra'es
In u fuftRsr communication. dated september p
inst. said Chof OF Police has transnrIttHn 10 har
tender and Emil Weis. bartender VINO were n.osis
before YOU in the iTth , District CITY "aS'S''"
The persons We're ali accused of violating the FIX,
ease. Won refused to take judicial coenzance Of the
same and decide them upon tncir should
% haS or no for Inc action or the Grand Jury
In order to determine what action. II any II is my
whether or not You refused to take judicial cog
nizance in the manner stated. 81, ..
nav NV ASA BIRD GARDINER.
District Attorney
Magistrate Crane was seen in tn" Yorkvile ponce
Court Yesterday afternoon and asked about the let
ter He declined TO have anything to say on the
subject Four excise cases were dealt with by tho
MssstrSe ye'srd2y IaFs Heanyd on ssnSa
afternoon bv Policeman Keating. PLEADED gnty 10
violating the Rainca law. He was heln III 90" quiz
for trial without comment. 49,, . ~
Rudolph Poak a bartender in saloon AT no.
I 3a5 second ave was arrested by Policeman fltz-
gerald for cyci-e violation The policeman told thee
Magistrate that ne went into the saloon ana tounu
three mon with glasses before them. He tasted one
and found that II contained beer.
DO YOU know whether the man had orderen
noal or had eaten neal asked the Magistrate
Tho policeman said he did not
Then how DO YOU know that mis- ptlsohe. VIZ,
lated the law? The prisoner Is diSchars''' s"''
the Magistrate - .r.. 1900,
e. station arragnei Joseph Iiossard. OF NO. S'
Fourth.ave for violating the Raines lax" Inc 20,
ucerian said he went into tho saloon ana ORDERED
a glass ~ heer Hossarf gave Il TO him a. me same
Tine setting before him sandwich when ne hhn
not ordered but for which Ave cents was charged;
Uossard tolf the Magistrate that he underatood
Wirenan 20 order the sandwich. ana MaslEtra'e
crane discharged tho prisoner ,
Patrick shechan. bartender FOR John J MURPHY
a, 10 | 90 second ave who. after being arrested.
bad beer released ~, ball failed appear In court
Tho Magistrate. ordered. the policeman 10 arrest
cus oh