The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-11-08
GARDINER KNOCKED OUT.
HE CAN'T GET A PEEP AT OLM-
BTED,s WARRANTS.

buhtice Frooumhn To snow cause why
He Should Not BE Compelled to Exhibit
the Warrants, but the Case Went Over
The sudden burst OF onicial zeal Of District
Attorney Gardiner In demanding to SEQ BY
peremptory mandamus the warrants which
Magistrate olmsted issued from the Centre
Street Court for illegal registration has come
to naught. as the decision has gone over until
after election. The District Attorney had the
Magistrate summoned before Justice Freed
man Of the Supreme Court to show cause why a
peremptory writ should not issue yesterday
morning, The case went over to the afternoon
for argument. when the time for using a de-
cision for election purposes was getting slim
mer. and after q long argument tho decision
went over so that counsel can submit briefs
to-day.
There was nothing In the papers to suggest
that . decision was wanted for election pur-
poses. The case moved on the high plane OF
the District Attorney of the county not being
permitted by one OF the Magistrates OF the city
to inspect warrants issued by the Magistrate.
although each warrant Is issued In the name OF
the people and the criminal prosecutor for the
people is the aforesaid District Attorney. To
be sure, the District Attorney has not In the
past requested permission to inspect warrants
with the procurement OF which he has had
nothing to do. but now tho District Attorney
uipV1Ou BObbihk Ou bpuIb tuhb WOulu ouu w
his procurement OF the list Of warrants which
Superintendent McCullagh had UP his sleeve.
There was no chance OF the list in the hands OF
the District Attorney being seen from the out
side even IL he had them in court. as was ex-
planned, for was not the District Attorney sur
rounded by such stout men as Tom Grady.
Jimmy Oliver and q whole lot OF Tammany
wardmen2
When the case first came UP Thomas +.
Byrne REPRESENTED the District Attorney; Elihhu
motion, was not on the calendar. and Byrne
wanted 1t put there;
&NoSe W stS that I can soe." added Law
s%siissction according to the moving papsFs." '"'
Your Honor may And that the matter does
have some bearing upon the election to-mor-
indication to that effect" said. Mr.. Root.
which the District Attorney desires to see have
anything TO do with the election"
ter up at : o'ciock II The other mTG cases esf before fos him
permitted. Meanwhile Mr.. Byrne ohatted along
the line OF questions asked him something in
we believe that Magistrate olmstsd is with
holding from us Information which the District
ance OF his duty as prosecuting of1cer. That is
the reason for our activity now. although It has
S SsGs t6s I softp an for for the district nn Ast11tG f5SI i. to
o,.,Isn't It a fact that the District Attorney is
the f~ioaters whom McCullaeh's men are unable
A.-Nobody who knows Mr.. Gardiner would
for = moment suggest that he would lend his
Soon after the afternoon argument began
Elihu Root said to Justice freedman that IL
Sppiisd very so sMIE ssissrs sas' o ihs aTss to oeF e9am Mhe
warrants was Assistant District Attorney Ora
Der Of persons arrested for offences supposed to
be similar to those for which the warrants held
Senator Grady arose and said that the Bringing
in.of his name was unwarranted and u~ncalled
1 @agis Rs ssd ol nHs sPDsTf6Es s 5a IL S1s ss id' +. 9 %GSfs
an af1davit.. The District HttoTney also arose
against. his assistant, Mr.. Grady. was unjust.
as his character was beyond suspicion and
iiv eds Of the purs'' and best men that ever
Getting down to the case. Mr.. Gardiner said
that a Magistrate had refused to let a nistrict
IT,. il sT emit ! Bi.|ET SjsE' E .SSS: II s ssId RI, &: p aisss /:
so sp. eismsnHfa a that ne e. dig ~ not nS,t think ~ It worth
that it was part Of his functions to examine
into Int cases a before The issuance Of warrants
to take them direct to the Grand Jury. He said
1 misht eR have S desired r. Sn Il he hm son lR iSs sss iou anf o ne
What the Msrrs1ts are about. to lake some OF
'h SS Sa Root Rs SSnten 1ae i sSast The Sss Duplication could
not be granted for the one reason. 4 for no
other. that T. was too sweeping. and did not re;
Magistrate oimsted in which he set forth that
the application was so extraordinary that he
wanted time to consider II. and called attention
i3 t con raSs Ina' WITH sns aP eIeetion cases %as mae Mr. R Ro5y
contendedt that the Magistrate has the right to
q reasonable time to determine what to do in
by the District Attorney.
Suppose the Magistrate finds himself I'M
terposed Justice Ffeedman. o. j"
a ret S.siS ma S de RSot would Sps be oDf ss4TiiySlent to
mo District Attorney has the right to inter-
EXPRESSLY or BY IMPLICATION: ,He1s not q master
elslng any such, power. No District Attorney
Torrance OF his duty. This Magistrate is not
fdS{fSa q 2t fSn9lSy z &r %fRG IS a Brother he Hs 81 I ssn.
ator Grady. who appeared in cases OF r%egistra-
tjon s ss9 p M nsa ss6S] bad ss to tS SsS vs spnnd disGre .
virtually asked that by mandamus tho court
pass a Jaw to control the actions Of city Magis-
Application to inspect these papers has been
made to the clerks of the police courts and
their assistants by the police %ofleers. who said
they wanted them for Police Headquarters.
There ia great difficulty in arresting persons
charged with having registered Illegally as most
OF those committing such offences give false
Names"
What difference would that make" asked
Justice Freedman. "it the information was re-
fused TO persons who had a right to inspect the
Mr.. Root. not replying directly to the ques-
ton. said that the police had not applied for
the warrants which they desired information
about. but that the warrants had been procured
by the State superintendent of Elections. He
said that nevertheless the warrants might have
been applied for by any citizen, and the Dis
tricI Attorney could not prevent the citizen
Attorney would have the right 70 step IN when
LAWYER Root. said the case was 30 important
that he desired time to submit papers. and the
Judge reserved decision. saying he would take
briefs from both sides.
WHEN AFTER BEAR CARRY n GUN.
An Oversight That Lost Patrick Ksogh the