New-York tribune., 1899-06-10
GARDINER BLOWS HIS HORN.
BIT DECLINES TO ANSWER SOME POINTED
QUESTIONS PUT BY MR. MOSS

The committee reassembled at 2:25 p m. ~,
Asa Bird GardinerI received notice through MI: M
morning but too late / came out of the Supreme
Court at about AS to-day, and thought would
come Tbe aSMh acharman@Yes: mar viii you be sworn?
Mr. Moss-YOu are the DiStrictIAttorney d IA OF the
o.NAnd as such officer you do not report to any,
reo3yred by law to make any report? A-No:
Q-The cases which are dismissed or on on oog wtloch
nizance are not reported or published anywhere
are they? AThose cases are court rec rnsc,aIv
,,SiIsbnd' name by name anywhere, are they?
Al don't know what is done by the clerks OF the
o'"f am speaking of you, Mr. Gardiner oh Oh
think nothing more than to nave or one Of NV
ASSISTANTS and make the motion IN open Sor[. tn o
submit the indictment with rr tine scfs on its own
0There are no public records in your office are
owhaever YOU do in your 0ce you do under der
terms OF your election and your tenure or ONCE
AoIrheTe IS no public record OF the cases thas
are pending in the Dstrct-Attorneys once u
mere is no record OF the which lie there
for years sometimes commonly called tse@
but do not care 10 appy 'naT remain by law
with the clerk OF the court now, either WIN ,bv .av
clerk Of the Court Of into tSe supreme Court with
the clerk of the Court OF General Sessions a W.
oAicio, on deputization OF 'he county wv" -
dWha public record is there in your bIsb G'e s6T or
the once oI I,t,,ted t"r authorities OF the county or
State could go and see at OGs eDspe two Years or
more; there is not any, IL there! A'-ioS' ''
ORIGINAL. INDICTMENTS.
o-what is there? An the clerks ONCE e are are
~ orf.inel Indictments. For convenience In my
oftice only have copies OF those rbose orig
O Those original indictments A. rnoord - for
nxa,,nie an assistant has had the case III D. " 7
we p VIII ia 1aS and Won have to go TO the record OF
the court to ascertain what d'spos'io" was '''NN
OF Otot.&rh. only thing Of public nature is the In
dietment itsemf T.. separate paper for each case7
'o.1separately folded? A-Yes; iron hoxss9 A.
o-Filed away in punches in iron 00AeS' A.
oAnd if any wants to find out axamne tne the
,pSictment? t1Sh m A~Yes. sir. ,,..., Aves
Ole must examine each n nnw as to the situa
zion Of any Indictment have confidential lSeo,us nS
oce for the SS SSnyenfncs a he service of anybody
10Y that purpose Whoever comes mere VIII WI al al,
get the Information I'll tna In case eSO
SYu 10 TO sSy9 sSy that RSo S9y0fay would
not say that might not know how far haye
would go. But since my yahndY wrote to me or
nalied dI to know the situation Of any Indictment
they Immediately have the Information NarsonaI useq
AoYes Ana for such purpose as you may conceive
~ ho A1T nroperlv served by exhibiting 1t? A-Yes.
60 as 10 see FOR example. there are 100 many
particular class Of class Of Indictments
aine up upon us And to show also where IRE,
gn c w 60e sS on ns oT noher now
addition that have another mateS befors
hnre hm on long sheet the Of every case upon
his docket for that day Opposite tnat ne % mas ,, ~ .,
put the ih Close Of the day he sends it the
chief clerk and copy OF II 10 me heng done now
| nv your staff2 Ayes.
ToMBs PRISON oVERCROWDED.
0rmistad 0mBIis ~ dGe dInSictmentsD Of other
days? A.~No have to go to these indictments
al and see what the situation OF them is and then
keep track OF the prison cases t0r our remps ,ds
yePy much diminished population compared with
the present that with seyen ponce sa ciossy
watching them. 1t Is, overcrowded' Even now
there ape wo You " any idea how many cases there
are pending which are over two years o'dY A.
Wy Have Have YOU the figures handy? Al don't
| know as could give you that. But established
"1SenWy, omWhen can You give us that7 Can you send
~ Aoh yes give It to you IN ,r,o doS amer or tmv tSst
every SHl s@ber Of the stan and every chief Of
bureau should meet on tae last day OF the term term
an aDt SSs to- make his report in writing every head
of a bureau has to make report IN writing; IL
there is any important case has arisen on trial
that Involves some principle II has 10 be stat
! ed in the report and discuss H. and so at the
end of the month there are my reports for the
term that ended last Friday
Q.-I am not inquiring into the method that you
use in the conduct of business at the present time.
Al fancy there IL hardly anything left two
years old except some that have already been
submitted TO the Court In fact, expect 10 Gull
them out before the end OF the month.
Q.-As the District Attorney. you claim the right
and exercise the right, as 10 what cases shall be
tried? Ayes.
Q-where they shall be tried and when? A.
That is py constitutional prerogatiye
10 demand the right that any class OF cases shall
be tried any particular ease. that u shall be
tried by any particular member OF your office or
AT any particular time or In any particular part?
! A.-No.
q courtroom provided. the Judge is selected to -