New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-11-03
DETAILS or THE SESSION.


I Moss produced further documentary evidence OF
The existence Of gambling houses N this city The
first witness called Was Henry Welsh. expert clerk
of the Court Of General Sessions. lie was pro-
duced TO testify 20 the calendar practice IN the
courts His Office he sad. made Up no court
. calonlar. The chief clerk OF the District Attor-
noys Office compiled the list ~ indictments needed
FL the courts from day 10 day. \ printed copy *
tho list was furnished 10 THE Law journal 20
that the final calendar was made up by the
District Attorney There was nothing correspond
Ing to the general calendar Of the Supreme Court
and the Judges Of the Court % General Sessions
thus had no knowledge OF the day calendar unti
# MAS presented 10y tho District ATTORNEY Inc
District Attorney, the witness said. had mantaihed
tina; it was within his province to call up cases
as be wished, and that tho court mad no conlio1
over The compilation OF the calendar
JUDGES ASSERTED THEMSELVES.
Q.-Has there been any change atciy. in the mat
ter OF fao lav calendar Ayes. Hitherto the
District Attorney has made up the day calenoaI,
but last spring the Judges Gained NE Iisll ~
call up this calendar and have Since don ~, 80 %,
Q-beiore tbal was 9 rc rg in coMrf Tor
/ hours before they were informed that their pres
nSe %a no. 6 T a a:e that ought he
reme.ied and that II foolish waste Of peo-
Ill the District A2rney object Fsdro TO 4at the
serious conaiet The Dstrc, Attorney denied the
right Of judge to cal ca, ,E,a, 40.
to lawyers ana witncsses? Ayes sir; All the
o1IIS~e there been conflicts about the days Of
trial between the District Attorney and the judges
Q-And on other subjects. A.-Yes. .,..,u
Q-And the Judges worked in unanimity IN the'r
pS Q"You once made an affidavit did you note
Ayes.
AT the request Of MI Moss the witness described
the scene which took place whon District Attorney
Gardner endeavored 10 force his way INTO ke-
/ corder Cons court during charge TO a jury Inc
policeman who, in obedience to The orders OF me
Judge tried to restrain Major Gardiner from M
terrupting the Cor~t was given into CUSTODY py Ine
District Attorney.
MANY UNTRIED INDICTMENTS.
Continuing his evidence the witness stated tnat
I there were now about twenty-five nundled uh'lleu
Indictments to be disposed of. Since January i0''
! about TWENTY-FIVE hundred indictments had beeh
dismissed or prisoners released upon their own
Tecognizances.
Q-Are you aware of the recent practice OF trans ms
sS'1r'n .'l Court? Ayes
Do you know why it is done? A acco,yt @1 of
star cases" 1t is done, believe on accou a ,S O
the trouble between the District AUorhe! anu '"e
Tho criminal branch Of the Supreme Court
meets less frequently than the General sessions .
o.OOIiavc General Sessions adjourned before
O'Clock because there was no busineSss feonent,v
C.-During the last month? A-les' frequently
o"And some Of the parts adjourn before the END
Qhe Judges must try the Gases yda mat 1ir the DIS
OtThe criminal business then. Is risht IN inc
hands of the District Attorney A.-Aes SIT en-
Q:-And no power car, take it out Of his hands,
A oXnd '.a defendant can have nothing to do
o.-Judecs are reluctant dismiss indictments
QIie has no disposition TO dismiss against the
U.-it rather lies the otler way? Ayes SIR
Qsnt the general unIeiSansang MAJ ConTt
, torney and The Judges OF General Sessio"S' Al
, think / may fairly say that
JUSTICE THRILLED WITH
| Elmer s White. q lawyer. was called to give evil
dencc relating to the case OF William l.. Forrest
who was indicted for grand larceny in March 1895
Forrest. it shown. had swinded people to Tx
amount Of S1Oocuo He fed from the city when eX
posure came but was captured at Los Angeles
:. Cal Alexander MacElwee wds the complainant. bu
another man named Freeman had also been victim
lied and there was question as to which shoul'
make the charge against the prisoner. II cost be
: tween $500 and $500 bring prisoner back AM
at the suggestion Of the District Attorney. the wit
q said. the people who were seeking the punish
A ment Of Forrest contributed $50 to the expense
: sending Sergeant Price 10 California to bring tn
9 man back
It Q-was there some discussion with MacEIye
o no seemed 10 want to back out. Price went wit
the under standing that MacElwees complaint va
{ found We had other cases OF clients we repre-
Q.-Was that clearly understood? A.-Yes
S,ras9a Public policy demanded Forrest '"'''
California 10 bring FoTres back ., and also seqt
4 at Los angeles. The District Attorney was sure
it c~W'hat was the next step? A.-The man er
Il gagged Vernon NJ Davis AZ attorney and p eade
- not guilty. The next knew Forrest release
z Q The man Was absolutely dismissed? AYE.
0.--were you notified? A.-No. sir.
@ Q.-How do you account for this? Al can't 81
bSn # Mas in whc ns 0e X
= DIDO you mink Providence had hand IN that
= Q.~-Wasn't he rendictcd? A-Not at all.
IGNORED THE EVIDENCE.
Mr. Moss read the Endorsement Of the indictner
signed by Robert Townsend. Assistant District a
r torney. which said that there no evidenc
$ against Forrest, and therefore recommended tn
= dismissal OF the Indictment Major Gardiner ais
Endorsed the recommendation ~ hts assistant.
x also appeared that Forrest had been allowed to al
pear before the District Attorney and mako his do
fence in person without swearing 10 r.
n Mr. Moss introduced next the Of Alber
p Frohmer and Charles Meyer both accused OF burg
, larry and tried. The former convicted and IN
latter acquitted Meyer at his trial swore tina
Frohmer did not participate In the burglary. The
- District Attorney Gardiner asked for a new trial q
- Frohmer. and then subsequently, for some inexpl
. cable reason. the evidence showed Major Caroline
y recommended that the man be discharged on hi
Fl own recognizance Although Frohmer had bee
ii convicted he was discharged upon the .uggestio
81 the District Attoruey
~ BOGUS SUBPOENA ISSUED
r. Abram Eikus. lawyer IN partnership wit
er Colonel James testified that his Arm appeared q
to counsel for Ernest M Walsh. guardian Of boy II