New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-10-21
ATTACK ON GARDINER.
MR.. OHARE CHARGES HIM WITH KNOW
1vCry Using FALSE AFFIDAVITS.

District Attorney Gardiner Judge Mcmahon ana
Mr. OHare formerly Assistant District Attor-
ney INDUCED I'm some sharp talk yesterday IN
Judge McMahons court. In General Sessions IN
which Mr. O'Hare went so far as 20 tell the DIS
trict Attorney that he using false afidaV'ts OF
the Chief Of Police and that he knew f. Tho
District Attorney and the lawyer became red IN
the face while Judge Mcmahon took some part IN
the discussion himself saying the ahicavits the
District Attorney submitted were worth nothing
and refusing TO accept them
The case up was that Of John c. Ellis. Mazet
Committee witness. who was charged with keeping
an opium resort at 40. 2S West Sixty -fourth-st
Mr. O'Hare who was appearing for ENis, SAID mat
he wished 10 have the testimony OF two witnesses
whose afrdavits had been taken one In Cincinnau
end the other in Chicago Mr. O'Hare had had the
case transferred from Special Sessions to General
Sessions and had used the two afiidavts IN MS
case He wanted to use them again. as they were
necessary FOR his clients case
District Attorney Gardiner wanted the case 10 oe
sent back 70 Special Sessions. and he made direct
claim that fraud and deceit had been used by MY
o.Hare and hts client Ellis in having the case
transferred Colonel Gardiner said that no such
persons az those mentioned as having made the
afndavi.s existed He said that detectives had been
sent 10 Chicago end Cincinnati TO ind them ana
they had learned that there were no SUCH persons
al those addresses
Judge Mcmahon asked the District Attorney
where he had obtained the affdavts 10 sucn hhu-
,nes .
.1-~or, Chic, Devery'' answered Mr. Gardiner
Judge Mcmahon looked AT them critically and
said.
ION. VIA, beautiful swearing. How old are
these detectives How do they know these persons
never lived"
u think il unfair in Your Honor TO exclude tho
aNidsvits as you do They came 20 me IN eoou
faith" said Mr. Gardiner.
u think the Chief Of Police" said Mr. OHare.
has III, up q beautiful Job on the District A''or-
ney and il Is not the first time either.
Mr. Gardiner became flushed in the face. and he
said that IL Was not So and that no one ever put
VI A fob on the District Attorneys office
You know Mr.. Gardiner" said Mr. OHare en-
,na,ical;v that this Is deliberate job put up on
Mr. Ellis bv tho Police Department for his tesu-
mony before the Mazet Committee. You have
made many false statements on the woro OF inc
Chief Of Police"
The TWO mon looked hard AZ each other and were
ready 10 continue hot skirmish. when Judge NC
Mahon interrupted. saying:
1t is ,mmateral what the District Attorney
thinks about these afidavits or about the transfer
Of the case. No man can make such an afidavit as
this produced here a.,
pleased with the affidavit took his chance on say
ing something else TO the District Attorney ana ne
That explains IT all. The chief OF Police n is
using your office to convict an innocent man. anu
Gsne ala no. return to the h. S st,' Client Mo- To-
-rv him before a jury. Judge Mcmahon adjourned
the case for one week. -
ELS was not "A put up Job. If the case was prop
erly tried this would be seen As to the ahidayms
transferred the case from Special Sessions TO Gen
eral Sessions he did so on the ground 'hat d%o
ton Of the court were needed transfer was
necessary 20 get those jurisdictional Wit
resSes TO this city. ] communicated with the 'hiefs
OF Police in Cincinnati and in Chicago. Ihey m
ves,iratod and sent word back that neither or the
men was known at the addresses given sent
the afrdaviis emhodying these facts to District Al
iorneV Gardiner.