New-York tribune., 1899-03-22
UR. GARDENERS DEFEAT.

After he gets through with his pettfoggng
to avoid obeying Judge Blanchards order al
lowing access to the Grand Jury minutes In the
Molineux case District-Attorney Gardiner ought
to get a copy Of the Judges opinion and read
1t over carefully. He might get new and
useful idea Of his duty. He might obtain
glimmer Of understanding that his proper func-
ton is not the persecution of suspects, or the
deception of courts after the fashion Of his
representations about the Carlyle Harris In
dictment He might even conclude that to be
the wanton defamer Of n woman was not neces
sarily to be an efficient prosecuting officer
Judge Blanchard is extremely courteous 10
the District Attorney but that fact should not
blind Mr.. Gardiner 10 the real meaning of what
he saws about the rights of defendant in
criminal case. He does not stop Mr.. Gardiner
and tell him TO put on the coat Of rebuke, but
he holds out the coat and leaves It to the pub
lie to say and Mr. Gardiner to wonder-pro-
vided his vanity will allow any doubt Of his
own perfections the coat fits The Court
indeed finds nothing an the record" before it
"to indicate that the learned Dstrict-Attorney
''has not fully performed his duty as n public
prosecutor in faithful and efficient manner"
It IS not the record before the Court which
ances and makes what Mr.. Gardiner ought to
apply to himself as sharp criticism Of Judge
Blanchards declaration that every step in a
proceeding which may result in depriving a
human being Of life or liberty should be taken
with the most Jealous care for the rights Of
"the accused and the zeal of n prosecuting Off
seer can never be justification for the pun
"ishment Of the innocent" 1t does not appear
Inlth n4ol
turned his back on all clews starting from the
Adams household. in which the murder was
committed, and permitted witnesses from whom
such clews might perhaps have been obtained
to 90 with the most superficial examination.
The interest which Mr. Mcintyre had in CEN
tring the case elsewhere and having his indis-
cretion In dealing with 1t seem in no way to
have interfercd with Justice does not appear
on the record. The outrageous assumptions OF
Mr.. GARDENERS speeches. in support Of which
he offered no proof though those assumptions
were essential 10 the structure on which the
| charge against Mr. Molineux had to be found
ed to have the least plauslbility do not appear
on the record. Judge Blanchard did not have
! before him evidence OF how. under Mr.. Gar
diners lead. the Coroner had deberat tely re-
fused 10 obey the plain order of the statute
and call to the stand all persons whom he knew
had knowledge Of the matter. There were such
persons: the Coroner knew II: the Dstrict-At-
torney knew II: but because their evidence did
not lt his theory he refused to put 1t on record.
He should ponder Judge Blanchard's remark:
The presumption OF innocence always attends
| the accused. and that wise and ancient rule OF
, law should be as much respected and enforced
1 in the preliminary Investigations OF the alleged
! crime as at any other stage OF a criminal pro-
| coeding. Indeed. this presumption should then
and there be most strenuously insisted upon
lie also ought II read another saying In the
opinion about the value Of good name and a
persons right not TO have II wantonly damaged
and then he ought TO 20 off in front OF mir
ror with his medal Of honor on his breast. and
say to himself: "COlonel-Major, mean. IT
"put off vanity and get down TO facts-your'
"an old soldier How could you he so I'M
.'chiyalrous and indecent as 10 make n public
.'attack on the virtue of n woman without
"brlnging a syllable Of evidence 10 substantintt
your charge? True, she was the wife OF
man You meant TO accuse OF murder. lf yo'
could make her Infamous you could more
easily raise a presumption against him. Bu
really. Major. I'm ashamed that such n high
toned gentleman as you know you are should