The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-02-05
GOFF AND GARDINER WAR.
puTRIcrATToRNET SA rs RECORDER
CAN'T BOSS HIM.


az bave declared war upon each other. It
raa known several days ago that ono doclara-
uon nj wnr had been issued from the Colonel's
.eco and another from the Recorders cham
hers. In the case Of q Bureau Of Membranes
nan accused of assault whom the Recorder in
,trncted the Grand Jury to indict and tho Dis
,rct Attorney advised them not to, but not
until Yesterday was there any action. Then
pscordrr Goff sent q fusillade into the enomy's
ann. thro wing a bomb at Col. Gardeners lead
,ro staff officer, Assistant District Attorney
rsnry W. Unger. The Recorder opened fire
,ust after tho members Of tho Grand Jury had
rl,d into the courtroom and had taken their
,aots. The foreman stepped up and whispered
"a tho Recorder. His Honor seemed to grow
angry. One of the court officers whispered to
,ho members Of the Grand Jury to stand up.
when they were on their feet the Recorder
arose and said:
"Gentlemen Of the Grand Jury, your foreman
has requested instructions from the Court rcla-
dive 10 duties which may devolve upon you and
IN YOUR jurisdiction and powcr in certain cases.
Tho law provides that the Grand Jury have
power and it Is their duty TO inquire into oil
crimes committed or triable In tho county and
70 present them to tho Court. That is very
plain. 1t Is not only within your power, but
that is your duty. Tho law further provides
that II any Grand Juror has knowledge Of a
orime having been committed It is his duty to
inform his fellow Grand Jurors of the commits
don of that crime. All public papers and iocu-
ments In this county are subject to your call,
no matter in what Office they may DO deposited.
All public records are subject to your inspec-
ton, and any paper constituting q public record
on file in the District Attorneys Office, in the
Office Of the Clerk Of tho Court of General Ses.
.,hIt. "a. a.. AT. .1..-k-
must be at once conveyed to you at your re-
guest and direction.
IF the Grand Jury have any knowledge of o
crimo having been committed In the county,
recognizing that 1t is their duty to inquire into
That crime and present it to the court, they
must direct the District Attorney to present
such case to them and to subpoena such wit
nessoJ as they, the Grand Jury, may direct him
todo. 1t 10 tie District Attorneys duty to do
90, not his election. A Grand Jury Of this
county. when satisfied that q crime has been
committed In this county, and when for the In
tsfest Of public justice and tho maintenance Of
public confidence in the administration Of JUS
tice they consider 1t their bounden duty to in
auire into that crime. the District Attorney
mast attend and must comply with their direc-
tons. 1t is not at his election. The Grand
Jury is the power. The law confers upon them
the power. They are the body charged with
that duty in tho first Instance. That is all,
81 have to request that tho Grand Jury re-
main in court" said Mr.. Unger hotly. o be-
half of the District Attorney Of this county l
request your Honor to charge the Grand Jury
that there Is no duty cast upon the rand Jury
TO precipitatcly or without proper elaboration
don on their part precipitately and without de.
liberation may seriously interfere with the ends
'Stop, Mr.. Unger!" shouted the Recorder.
"-Mr. Foreman and gentleman Of the Grand
Jury, you will pay no attention whatever to the
ss9usst in OF op 3 Pe aosss. Il Is i IF ahs District At
Nh. Unger (continuingl-And pursuant to
the provisions of the statute in such case made
this court.to further charge the Grand jury"
II will not hear you, Mr.. Unger, interrupted
the Recorder.
piled the Assistant District Attorney, land I
request the Grand Jury to remain in this court.
the Statute in such .case made and provided, to
further advise the Grand Jury that the Dis
trict Attorney must be allowed at all times to
appear before the Grand Jury at his request for
any matter before them"
DO you not think that is very improper, Mr..
"0n the contrary. i an constrained to state
that my high sense OF public duty impels me to
take this step" replied the Assistant District
Your high sense Of public duty" said Re
corder Gon; your nigh sense OF pubic duty
should not have prevailed over your profess
sional sense of duty and the obligation resting
upon you to recognize the pEopsisties. 1t is
At this point Recorder Goff motioned to the
grand jurors and told Thorn to retire. They
got up and walked out OF the courtroom.
The Recorder went on to say to Mr.. Unger:
"'The District.Attorney Is simply the counsel for
the people. and the Grand Jury is not a part OF
District Attorney ate Attempts to ooddt dominate mat Inc Inc
Grand Jury in any way, at least this court will
Il am most happy. to state that no sugges-
don Of domination by tho District Attorney
o-er the Grand Jury has In any way appeared
O. , will transpire;" said Mr.. Unger. Butt
tain provisions OF the law which give the right
70 a defendant and to the people to request the
4 given case. / beg TO assure you that what 1
"a have said is prompted solely by sense of pub
D%rsoPriety, answered the Court"
1 regret that you take that view of 1t" said
you no further snapped tho Recorder.
The Grand Jury having, left the court.
proceed p,'S to the Grand Jury and further advise
Then Mi. Unsor got out just as the Recorder
9 eent that |. the Recorder was on the point Of di.
instant District Attorney into custody.
inc news OF the battle spread through the
Criminal Court building and soon reached Col.
gardeners tent, The Colonel hurried out into
INC corrlaor, and was about to go down to Re-
Sorder Gof's headquarters. when he was met |
p Sy some OF his staff officers at tho elevator. |
while they were holding q council tho war |
correspondents gathered around the Colonel.
! have not heard before Of any differences,
pattles,, or declarations OF war between my Of
nee and Recorder Gof," said the District At |
soIhey. AS far as to.dav's battle goes / will
~ mat when | fight | hit from the shoulder. |
~ inc eve OF the sitting of a new Grand Jury |
~ surprised ME to learn that the Recorder had
SsSht Tor the police court papers In the case of
TTiaraneIlo, charged with the murder OF the
Italian, Brosno, and then directed the Grand
MY 70 proceed at once and subpoena witnesses.
mr. onger placed before him q statement of the |
aituatlon OF the case and stated that / was dill
Eenlly examining into tho conviction of Car.
Sohe' me man sentenced for the Brogno muir |
Ser: Mr., Recorder Goff took the extraordi-
~ course Yesterday OF calling up the foreman
ny handing him the title of the case. as / am
informed together with u list of witnesses, |
enu directing him to instruct the District At
Sorhey 70 bring the case before the Grand Jury. |
= might as we'll say right here that 1 do NOT pro. |
pose that Mr.: Recorder Goff shall run this fice |
- long us l have the honor to administer it,"
me second battle Of the day was fought when
f htS'S ,hIn District Attorney Mcintyre walked
MA tne recorders court to have II lot of homi- |
SS,ue cases transferred from that court TO the
Supreine court. There were thirteen of these
tSsm nnd INC District Attorney did not want