New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-03-16
GARDENERS COLORS DOWN.
HE suRRENDERs AT A CONFERENCE OF
JUDGES.
cor,Rr CALENDAR WILL BB PREPARED pA'i''
.,, prcopnrR MAxpAMUsED FOR SHUT
TING THE DIsTRIcT-A ATTORNEY OUT

OF COURT
ue,or Asa Bird Gardiner. the Disuic'-A'-
,or,ev ~ Network County. surrendered IN
s,.,o,a,,,, % tho Judges of the Court OF Cen
80, Sessions Yesterday morning, and consent
a 20 have the orders Of the Judges ooe!eu III
.ho r,oparation of daily calendars of numDereu
sses for the court. There was rePo'' ''
Richard Croker had given orders " ""'V
Gardiner to submit and the report was pe''e''U
az the Criminal Courts Building. IL was
rorteS also that II the Distrct-Auorhe! """
20, submitted there would have been charges
made against him. looking to his removal "''"
Office. .,,,, On
Tho District-Attorney' office has been run OH
q most extravagant basis since MAJOR "a' IN
wont into Office The late Colonel John II. rV'
lows was not known to be oconohHcaI !" aug
,.ov and no was never fond Of saving puoNc
money in the management or the once VIM ~
was District-Attorney. hut he was careluI anu
80, sorvsnt Of the people compared with
Motor Gardina~. Colonel Fellows spent ABOUT
1000 in a wear for the city Major Gardner
nor, ,,,o~e than $500 O0o last year Colonc'
r.uovs had seven Assistant Dstrict-AttorheES
drawing $4,000 in salaries from the ci'y treas
my while Major Gardiner has eight iuil "a. as
eistants drawing salaries amounting TO FoOVVV'
The deputv assistants under Colonel feilo"S ~
ceived $4,000 a year. and those under MAJOR
Gardiner receive S5SOOO a year MAJOR Gar
diner has increased the number and salaries .,
the subpcena-servors. and the admimsud''o"
Justice in the county ia being hindeIeo anu w
;a,od because suhpnnas are not served prop
er,v II has been said about the Criminal Noui -
J7pndine that If charges against the Dis'rict-A'-
tornev we're made there would DE no u'"'OO'
IN making up case against him
THE MAJORS SURRENDER.
The surrender Of Major Gardiner took place at
q conference Of the judges in the room OF ~
~order Gon The District-Attorney had ap-
reared at his own office AS early as a. H. ia
consultation with his assistants The judges
mo, about 10 a. m. and received a request 'ha'
,ho ,rict-Attorncy be permitted TO talk win
,bo,n The Judges sent word that they "ou'"
a,i, hin, 10 conference at 1890 a m, ana at
,ho, limo he went 20 them, accompanied by
secretary ...o,.
rbo conference between the District-Attorney
srd tho Judges lasted till 1870 o'clock The
ers, Two men 10 leave the office Of the heco'ue'
were Judges Newburger and blanchard. "hen
Judge Nowhurger was asked If settlement Ma"
been made he said; 49,
"Fvervthing has been made all right Fea'e
reigns once more"
7, was learned that the District-At'oIh'' 10"
consented to the preparation or a caIeiua' i'-
.ho courts each dav. and that it should be read
ont as the Judges desired last week Inc Ju'e''
want the calendar for the relief OF witnesses
D.bo may he allowed to go if their cases are not
nv, on for the day. and lawyers will also De Ell
ahled to find out II their cases are ~ O''''N -
IN the CO lrse Of the day.
Judge Newburger was the first TO open coui
11e had twentv-one cases on his calendar IN
Guiding a number Of smoke nulsan NJ, 80 80
which had been put on by miStake, rhes the
transferred TO the DIST. The Judge oiucIeu Wy :,
calendar called When the first case was Io@O
ASSISTANT District-Attorney Walsh arose. S'''''
ing and said . ,oso"
- n,rober Of the cases counsel for the de'
fence asked for APPOINTMENTS ana 'he 'equ'''
were granted. o.. C,obil ir
tho matter Of whose bail there was some lIuup',
las, week Assistant District ATTORNEY WINS iSr
said he had been instructed |" nrS Co Nh said
George Gordon Battle counsel TOT 'ailItl, az
he vas DESTROYS Of trying the case but that VI,
evidence Of Mrs Cahill. which cominssAon wa, i,,,
been appointed to take had not p So,rr ner
Judge NewhurCer set the case doWh PEI
emptoriiy for to-day. l., DO
Assistant District-Attorney Blake, IN IKE Ike
corder COTS court Part II. handed 70 the r.
corder his calendar with the cases marked ina
he had ready. The Recorder read the caleiuaa
In a number Of cases the deiehuaht f9u ~
wanted adiournments. The Recorder sd3 va
as tho District Attorney was ready ne coulu Hu
grant adjournments except on soou iee'
grounds Regular business then went Oh TIL.
The same proceedings went on III Juus
Planchards court. Part I. and Judge NC
Nahon's Part ". the Assistant )lstrlct-A'
,ornevs handing their calendars TO the judges.
nistrictAttornev Gardiner said he was We
nleasod with the settlement OF the aha1r; II
did not call it a contest or clash. ne .dlu VIA
Tho wants Of the judges were perfectly prope
ond no was glad to consent to the arrangemen
The calendar will continue to he pubHsneu
Tho law Journal" for the convenience or la"
yers.
WANTS \ FUTURE RULING.
D,strict-Attorney Gardiner is not satisfied wit
The proceedings at the door Of Recorder ION
court In Part IL Of General Sessions which o.
CURED on Tuesday and yesterday afternoon /
con. ono ~ his deputies before Justice Beekmal
IN the Supreme Court. who asked for a pei
emptory writ and mandamus compelling RI
corder Golf to appear in the Supreme Court Il
day and show cause why he will not admit II
District-Attorney TO Part II Of the court at an
time in the present March term. To bring tn
order about the District-Attorney had to mai
a long affidavit showing that on Tuesday az
mission to the court had been denied while Il
Recorder was charging jury. He expands
The action OF Court officer Gibbon who told u
District-Attorney that the Recorder was char
ing the jury. and that his orders were TO adm
no one The District Attorney then caused u
arrest Of the court officer. who, after being a
raiCned before the Recorder sitting as ma
jstratc was discharged.
The language Of the opening paragraph Of q
order reads: "PeremptOTy writ and mandam
10 issue directing and commanding him Oh
Recorder) TO admit Asa BIRD Gardner 10 Ia
II Of the Court OF General Sessions OF the Pea
in and for the city of New-York any time tn
the court may be in session, on the ground IN
as such public officer the SAID relator Is @
titled to have free access to that court at al
time when said court shall be in session"
The affidavit OF Dstrict-Attorney Gardiner
annexed TO the papers and after recitiEs I
affairs OF Tuesday. reads:
That since then on March II. 1899. the "a
Recorder John w GOn at his chambers. in
personal interview with depOnent, he declar
that he would exclude the DistrctAttorn
during a public session Of said court while
the said Recorder charging jury or abe
10 charge jury. and that II deponent enter