New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-02-05
TO KEEP QUIET.

WHO INTERRUPTS IS WARNED
TO KEEP QUIET
Open war broke out yesterday between District
Attorney Gardner and his staff and Recorder Con
in the Court OF General Sessions. The question ap-
parently in dispute is the rights Of the Grand Jury
to investigate certain cases and find indictments II
ii desires in spite Of the objections OF the District
Attorney, but the real source Of the trouble Is a
series OF incidents which have caused pad ieelhS
between the Recorder and Tammany's District-At-
torney The most recent trouble is in regard to
the fling OF an Indictment for arson against David
Goldstein, who was arrested yesterday for arson
On one side It Is asserted that there is gang OF
ten in an plot In this city, and that the
Indictment of only of these is a serious mis-
take. and tends TO defeat the ends OF justice.
The Grand Jury called into court AT an I'M
usually early hour yesterday. After brief con-
ferance between the foreman Robert Maynicke,
and the Recorder the latter arose and addressing
the Grand jury. said Your foreman has asked me
TO instruct you relative to the duties and powers
which you have in certain cases say to you
that the Grand Jury has tho power and It is their
duty Investigate all crimes. whether the District
Attorney desires il or not. and he must furnish
you with ali public records. whether they are in his
possession or not The Grand Jury is the power
and the majesty OF the law"
Assistant District-Attorney Unger who was seat
cd within few feet Of the Recorder. Immediately
ana satd: ON Dcnali OF the DlStrlct-AltorH'g
reques; that you charge that It IS not the duty Of
the Grand Jury TO inquire into certain cases"
The Recorder abruptly ordered Mr.. Unger to
cease talking The latter had the statutes In his
hand. and he began to read the law governing the
Grand Jury. and declined to desist In a moment
the courtroom in an uproar. The Recorder
ordered the Grand Jury 20 retire to their and
as they filed out turned TO Mr. Unger and said:
Il Ill always instruct the Grand Jury to follow
the letter Of the law Their action must not defeat
the ends Of justice"
Mr. Unger began to defend his position. but the
Recorder interrupted him
Your high OF duty in your profession
should keep you from interfering with matters OF
this kind" he said.
II was going TO issue order concerning you
remarked the Recorder, after minutes hesitation.
but owing 10 your personally / will refrain
While this going news had spread
throughout the entire Criminal Court Building that
there was dispute between the Recorder and an
Assistant District-Attorney. and within two min
utes tho courtroom had filed up with persons
about the building. District Attorney Gardiner
and nearly every member Of his stan hed INTO inc
courtroom but when the DstrctAttorney reached
there the excitement was over.
After the Grand Jury had retired II was SAID that
the Recorders grievance against the DstrictI,At-
torney was not alone on acG9unt OF ths Sa
not presented complaints in some cases where the
Recorder desires indictments There nave been eel
two three cases In which the Recorder mas pc
come pers Onaly interested. among others being the
Italian murder case IN which Iluseppi tarOot!e,
convicted Of murder. is supposed 10 be innocent
Disrict-Attorney Gardiner. when seen In MS once
said -.
u much regret that there IS any difference or
opinion between my office and the Recorder Inc
present Grand Jury has been noted for its faithful
and industrious work. ! have personal ac-
quaintance with any member OF the Grand jury,
bur | must admire their business methods:
have never been before them personally nor have
/ sent any assistant before them for the purpose
Of securing or stopping any indictment. am very
much amazed, therefore to find that the Recordei;
upon the eve OF the impanelling OF another Granu
Jury has sent for the papers from the committing
MAGISTRATES IN the Of the tlarmeHo mu'uer
case and then directed the Grand Jury 10 proceed
ct once and subpoena witnesses Tor the purpose OF
securing an indictment. Carbone was tried, con
Supreme Court, and 10 now under sentence OF
death I cannot conceive what interest the no
corder had in this case, or what coulo nave IN,
duced him TO send for the papers In the case
acted i'm this under instructions from the lta-
ian Ambassador who requested that investigate
the case as he positive that Ciarmelo mao
killed Brogno for whose murder Carbone Is now
awaiting sentence . -
The Recorder when asked for a statement, re-
piled sharply: Il have nothing at all TO say.
The Grand Jury reterned 10 the courtroom yes
teriqy afternoon and made their final report They
had returned 921 indictments and refused indictments
i'm 25s cases Out OF the 30 persons IN jail the
the cases Recorder Gof thanked tho Grand jury
for their Industry and dismissed them
Recorder Con late yesterday had a conference
with Assistant District-Attorney David Mitche-.-
who was District Attorney Olcotts chief assistant
II was rumored that Mr.. Mitchell would be desig
mated by the Recorder 10 represent MIN as ao.
wiser to the Grand Jury but tho rumor could not
10 cpnr