The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-11-28
GARDINER WOULDN'T COME
REBUKEs THE MAZET COMMITTEE
FOR sUMMONING HIM.

II Begins Again on Affairs of the District
Attorneys once After Seeking to Trace
Relations Between the Board OF Health
and Mr.. Powers smoke Consumers.
District Attorney Gardiner refused to appear
yesterday before the Mazet Committee. which
resumed business In Part H. OF the Supreme
Court with a consideration OF the relations OF
the Board OF Health to the Automatic Smoke
Consuming Company. Of which Aqueduct
Commissioner Maurice j. Power is
President. Mr.. Power was called but
vas not present. Then Mr.. Moss called
a large number Of witnesses who own factories
or plants burning soft coal or other smoke pro-
ducing matter and questioned them about
visits OF the inspectors OF the Board Of Health
Many OF the witnesses testified that shortly
after receiving communi cations from the
Board OF Health In reference to complaints
about their smoke. they got letters from the
Automatic Smoke Consuming Company urging
the advantages OF It's apparatus. Some ofthewit-
nesses had had visits from representatives OF
the com pany very shortly after receiving calls
from the Board OF Healths inspectors Most
OF those who hadn't been visited by the In
spectors weren't called upon by the agents Of
the company.
Chief Sanitary INSPECTOR Feeney Of the Board
Of Health was asked II he had Instructed the
policemen and sanitary inspectors OF the board
to buy tickets last June 70 the picnic OF tho
Hickory Club. Of which President Murphy OF
the Health Board ia President Tho witness
said that he knew nothing about II.
District Attorney Asa Bird Gardiner was
called but was not present. A subpoena server
described the service OF the committees sub
prna upon Col. Gardiner after long chase. in
the elevator Of the Criminal Court building.
When he touched Col. Gardiner on the shoulder
with the subprna the witness said. the Dis
trict Attorney threatened 70 have him arrested,
served with the subpoena" the Colonel called
"Of course shant n.k that the District At
himsclf," said Mr.. Moss. but 1 ask that this
refusal to appear BIO reported to tho Assem-
Later a long letter from Col Gardiner was
received. describing the committee as con-
dental election. denouncinR the committees as
brazen" and number OF other things. deny
r ing It's dgin,hS0r,y to summon witnesses and
improperly IA well as indecency" OF sub
prnaing him while the charges against him
are still under the Governors considera-
Mr.. Moss announced that the rest OF the day
OF the District Attorneys ofice. William q.
Penney, Assistant Clerk OF the Criminal Branch
e hs cS.r. and b.pH CLERK OF The
showing that in several murder cases GlanvIl
g. Mclntvre, son OF A1sistant District Attorney
father reprcsentng the prosecution. In one OF
these cases. that ct Francisco parhanando.
Mcintyre was assigned by the Court to defend
anil his man Was acquitted
Joseph Donate. tho chief witness IN this case.
was cal ed by the committee and testified that
LAWYER Palmeri, young McIntyrc's partner
had asked him before the Coroner's inquest
what he knew OF the case. Donate replied that
he had seen Pachanando stab Pasella. ralmeri
said; non must S not cay 4 that In court You
hing and ran away Donate so testified before
the Coroner. but when the case came to trial
told tn" truth. Thereupon his former testl-
mony was n iducnd In diSpro0f.
Two cases OF homicide by malpractice in
which the evidence IL said TO have been com
rvte but In which the indictments were dis
missed on John 7. Mclntyr.'s recommended
ton, were adduced. The committee will sit
again to-day