New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-21
MORE DEAD MEN FOR TRIAL
JUDGE NEwBURGER ON GARDENERS Ex-
CIsE CASES.

THE DISTRICT ATTORNEY SAYS IT rs NONE of
THE JUDGES BUSINESS. AND THAT THE
co1-Rr IS THREATENING" HIS OFFICE
o1 am here 10 try live men, and not dead ones''
said Judge Newburger in Part " Of General ses-
sions Yesterday morning. This exclamation was
caused by the finding OF the names OF SIX a.au
men among the forty-odd cases OF violation vi INC
excise law which were on the caienuai'
Wednesday there were thirty-one cases OH 'iie -
endar and four OF the defendants were dead ne
District Attorney has insisted that Judge New
burger shall try the excise cases. and tnere nos
been little friction over the matter. Distric'A'-
torney Gardiner says he will make a state"'e''
showing his position in the matter
This was the situation when the calendar was
called yesterday morning. Assistant Dstrio' ,
torney Osborne represented the prosecuuoh' 60
Thomas Dinnean appeared as the attorney ior ."e
Liquor Dealers Association and consequently io
the attendants The first case called was that OF
George Bobel.
Dead" replied Mr.. Dinnean.
This excited no comment. and the next case was
called after that OF Bobel was stricken rom 'ne
calendar by order Of Judge Newburger. THIS case
that OF John Bovan
Dead" CURLY replied Mr.. Dnnean ~
What another" replied Judge Newourger' VIII"
some show Of vexation
YES another" answered Assistant Dishlc..A'
torney Osborne 81 can't help It n he's dead
This case should not have been on the caenu'''
You were notified OF this mans death
There was no certificate Of his death nleo' ie
pljed Assistant District-Attorney osborne.
The straw that broke Judge Newburgers patience
was the case OF John Callahan He was declared
dead by Mr.. Dinnean. a.,
What are these cases doing on the caieh az
said Judge Newburger. with much warn''"'
am here to try live men. not dead ones IL SEEM
to me that there has been some neglect ana CAR
ut s not my fault they are dead repneo WI
Osborne
"r order that case stricken from the calendar
said Judge Newhurger. a.,
"T object" replied Mr.. Osborne. II have not the
certificate Of the death Of Callahan snail Keep
II on my calendar" a.,
"I don't care what you do with your calendar; "
.oos ~, ,he calendar Of this court" replied Judge
Newburger 49,.
District Attorney Gardiner said yesterday tna'
there were 2S cases to be disposed or AS me-
excise cases are petty ones. the Judges INC 49,.
trict- Attorney said. do not like to try them D"
they have got TO be tried" said the District-At-
tcrney with much emphasis. The prison i,'' .
below the average. 1t was 235 yesterday ana '"e
average is $50 II I have time will address sxe,sa
letter to Judge Newburger to-day on these exG,se
cases IT d9esn ress What dislike about his
utterances that he threatened my on'tTe bis
once District Attorney Gardiner hesitated while
and then said: "His threat was that men were pc
ing kept the Tombs whose cases should pe v'Se
while these excise cases were on. Yesterday ne
said that there were 27s men in the Tombs ~ was
none Of his business. He made TINS sth az, a
eratuitously TO q Jury and he went out or MS way
and jurisdiction. He refused to hear my, repre-,
sentative who had In his hand the list III nao
wanted 10 ! could have placed seven other cases
on the calendar Judge Newburger told me when
he sat in Part that he would dismiss excise cases
told him I would make recommendation ms
statement Of Judge Newburger was gratuitous
one and made with purpose. He meant 70 nler
that was keeping men In prison VINO ought 70
hav CHARGE for trial by insisting on the trial OF
these excise cases"