New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-03-18
AUTHORITIES IN CONFLICT.
prsTRIcT-ArroRNEy GARDINER AND MAG
1srRArE oLMsTEAD At ODDS OVER
THE CLTAVELAND CASE.


There IS disagreement between D!strict-Attorne!
Gardiner and Magistrate omstead. now SUM, , ~
the West Side Police Court. and Colonel Garuiner
SAYS no will .ako drastic measures IN the matter
at hand though ne refused TO divulge what those
drastic measures would be. The Districi-AuorneS
was wroth yesterday. and did not endeaVor 10 COZ
ceal his indigna don. The breach was cause" o'
Magistrate Omstcad reopening the case asanst III
Trumbul. ". Clcaveland. Of No Is West Fittieth-
St charged with having caused the death OF Nloiet
Irene carhsrt hy giving an overdose OF an aleged
wrong medicine.
DR. cleveland WAS arraigned before Judge cow
ing in Part OF the General Sessions Court yester
day morning on the indictment found by the Orano
Jury on Wednesday. charging him with man
elaush,., IN tho second degree Dr. cleveland was
represented by the law firm Of Weeks Il Battle.
both former Assistant Dis;ric'-At.orneys Mr.Weeks
declared that the Indictment was unusual. "a II
was found White case pending against The
defendant on the same charge before Magistrate
C,rnscad and the for the 2sth Of this month
He said ;hai the indictmen, was erroneous. be-
csuse II did not set forth the fact that medicine
was given for any disease and. further. that there
had been no Coroncrs inquest in the case.
District-Attornoy Gardiner who had charge Of
the case strepucUsy insisted that the Indictment
was regular and that the defendant should answer
81 by plea or demurrer He stated that Dr. C'eave
land waived examination in tho Magistrates court.
and, far that concerned the
ended For unknown reason the Magistrate
Ind rAorene1 The case. buy this did not Interfere
with the regularity OF the proceeding before the
Grand Jury
Mr.. Weeks said that Or. cleveland. in waving
examination IN The Magisjrate's court. did so in
ignorance Of his rights. thinking he would have
time 10 consult lawyers before an examination.
When the proper time came demurrer would he
in;erposed 10 the indictment.
Assistant District Attorney Townsend. who had
charge 90 the case for tho people in the MaEis
tratcs court. Gee AIRED that DR. Clcavcland was not
in ignorance OF his rights. they al
planned 10 HIN before he waived examination. He
insisted on This course. II until he secured
attorneys that the case reopened
District Attorney Gardiner insisted that tho de-
feiidant should either plead 10 the Indictment or
irterpose demurrer Judge Cowirg gave the de-
fendant until next Wednesday 10 make answer 10
the indictment. District Atiorney Gardiner ed
that new bond should be furnished for IS go Dr.
Cleaveland was paroied in the custody OF mis- law
yers 10 furnish bond.
District Attorney Gardiner said that he had
ceived a letter from Magistrate O.ms;rad. stating
that ne had reopened the case and asking the Dis
trict-A::ofney to furnish witnesses Otherwise 10
would subpoena them. The District Attorney said
that me tone OF the letter insulting and ho
would take drastic measures in the case lie char
ac;cTtzed Magistrate Omstead's action ms wholly
Unauthorized and without warrant of law.