The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-10-31
GARDINER UNDER CHARGES
Charges Get to Albany at Ono O'Clock This
Morning-Said to BE Based on Oppre sslvc
Use OF the Powers of the OTce-Cui. Gar

The City club has preferred charges to Gov.
| Roosevelt against District Attorney Asa Bird
| Gardiner At O'Clock last night mes
| senger left this city for Albany to present
| TO the Governor the charges and demand
| for Col Gardeners removal from office. The
| charges were drawn IN by committee
healed by the Few. Thomas X. SIiccr.
| The members ~ the committee arc Full
ton McbIahon. Charles [. Nadal. v Everitt
Macy. James Is. Reynolds. John H. MrKm. At
tair f. Crosby. Frederick Dewitt Wells Os-
| wad q. Willard. Adolpn Oppenhym. Edward L..
| Heydecker George VI. Cnssatt and James W.
| Pryor.
! Last April. when the City Club issued its an
! nual report. attention was called to the indct-
ment. at the request Of the District Attorney.
of Nicholas Murray Butler. for calling Pres-
dent Little OF the Board OF Education a fne old
| educational mastodon. Tho report said:
The criticism was jocular, and the whole
community has been laughing at the In
dictment. but there Is a serious and vital
question involved. Tho District Attorney
OF this county holds great and power
| iul office. He is using it to Cypress
! the liberties OF the citizens. Why were not the
authors or publishers OF the offending article
brought. in the first place. before q com
hitting magistrate. where both sides
could be heard, and the charge against
them. IL absurd. dismissed Tho Dis
trct Attorney answers this question. He is
determined to quote his own language
in explanation Of his conduct in going
! secretly before the Grand Jury without
giving any opportunity to the accused to
be heard. that this abuse OF public officials
must stop He has given notice that citizen
may not criticize the official conduct OF public
servants without exposing himself to the dan
ger of secret and immediate indictment with
all the consequent annoyance and expense.
| Our District Attorney threatens secret in
| dictment against all who publicly criti-
cize our public officials. This is n
gross abuse Of tho powers OF
the great Office he holds. 1t ia direct and
outrageous attack upon the right OF FREQ
speech in this community and should receive
universal condemnation"
The Rev. DR. Scer sid last n ght at the City
| Club that this matter was referred TO the
Counsel OF the club and that the charges grew
| out OF the investigation that followed this rec
| omnsndaton.
| DR.. Slicer and James ". Pryor entertained n
| crowd OF newspaper men at the club all the
| evening. All that they would say was that
| tho charges had started for Albany and
that they felt bound not to say anything about
their details until they had been presented to
! the Governor. They said that they expected
| the Governor to release them at any moment.
| At o'clock this morning they go. word
| by telephone from Albany that their
messenger. who was due at Albany at
| g O'Clock. had been held up at Hud-
son by railroad wreck and had Just
| arrived. He told the club officials that he was
| Just about to step into cab to drive to the En-
ecutive Mansion whore he would present the
charges to the Governor and that as soon as
they were presented. If the Governor con-
| anntad notiaS nj them would he piyan
| Messenger Hsydecker arrived at the Execu-
| tive Mansion about a quarter-past J. found
| the Governor had gone to bed. and couldn't
present his charges, He telephoned to tho
City Club that Tho would stay in Albany and
| would call on tho Governor between I and
| o'clock this morning. and that after the
| charges had been presented he would give
| them out to the newspapers in Albany.
One OF District Attorney Gardeners friends
| went to his of1ice in the Criminal Courts Build
ing yesterday and told him that the City Club
| had decided to bring against him charges Of In
| competency and neglect OF duty The man
| who brought this Information WAS member
| OF the club who had known the District At
| torney for many years. The District Attorney
was told that a committee OF the club had been
appointed to press the charges and that an ap-
plication would be made to Gov Roose-
ysIt TO-DAY for the remov2 of, Of CO..
tornsy,,s friend, seyera reform organza-
bR .qt IN ae fy EGs 'f0'
| information to convince Coy. Roosevelt that
The District Attorney shoT,d be remeyet from
| informed that tho charges were partly based ON
tnrdy justice in homicide cases, it being alleged
| that it had been tho practice ut the District
derers. aud that the City CLUB had taken the
committee Of the brand iTSy discovered that
| there were twenty 'our PRISONERS IN the ON y
that the four courts Of the General Sessions
| had little else to do but to thy them, but that
tho District Attorney had neg ectcd to give the
District Attorney Gardiner Immediately sent
| for the newspaper reporters and to them he
1T is a persistent scheme formulated to OBJ
tain coutroL 81 thts office for the next l'resi-
| Fifth Avenue Hotel last December. The plan
was first. 10 increase tho power OF the state
leg Stature met. and this Was done. Second
t. diveSt the mnunic;yaIty Of yhs appointment
q the BIpartisan fsGs bGnTd ana lin m"f ss
San ' With G9mmssioners , apIointed by II.
Governor, Third. TO get possession Of the oflice
York. This was to lie done with the help .! IA
Legislative committees and the Governor.
Governor do il. me answer was. lie Presi.
Dental possibility and i these desirable, oh
delegation can 90 to the National RepupIican
Convention with the odded influence. Of being
State to the Republican party. Accordingly 1t
was decided that the Republican newspapers
, should bn directed 10 pouud and rid cui" my
administration. Immediately IHE New York
| Sun began to do 50. and talked with my staff
about II and mentioned the facts related to You
| to them and repeated it IN consultations with
my stafr in January. February and March.
The projected Assembly committee was
| appointed sooner than anticipated in order
| to punish the Hon. Richard Croker for his re-
| fusa to recommend the passage u Mr.. MaHets
| infamous Astoria Gas grab bill. Mr. Croker
announced that he would sail for Europe on
| April IL. The com mittee has never lost sight
| Of the original purpose OF its creator nor have
| ] lost sight OF tho committee. On several oc
easionS they askPd for volumiuous Statistical
Information wh ich was readily furnished
| Nearing that they desired to see me. | went
voluntarily before them. The entire subject
| OF the inquiry was in reference to an import
| mt murder case from which | concluded that
the disreputabe managing counsel Of the con-
| mittee was in the pay OF the counsel Tor Il U
defendant in the murder case and was seeking
tosItract Information from mo as counsel for
the people"
The District Attorney went on. at some
| length to deny the authority OF the MaHet ON
mittee with no Legislature in session and lie
| continued: