New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-03-15
GARDINER STILL DEFIANT.
ORDERS ARREST or A COURT OFFICER
WHO OBEYED COURT ORDERS.
RECORDER GOFF ADVISES THE OFFICER
TO SUE FOR FALSE ARREsT-ANoTHER
DAY OF STORMY SCENES IN
GENERAL SESSIONS.

Stormy scenes were witnessed again yesterday IN
branches OF the Court of General Sessions because
District Attorney Asa Bird Gardiner continued 10
bid defiance to the orders Of the Judges regarding
the moving of for trial In the order In when
they appear on the calendar. The trouble APP
parcntly reached a climax when Major Gardiner
lost his head completely In a ut OF temper ana
caused the arrest OF court officer who was Keep
ing the door Of a courtroom closed by order or
Recorder Gon. The officer was acting under the
orders of the Recorder. but the trict-Attorney
was enraged beyond bounds because any person
dared to block his passage TO the room and he I'M
medatoly ordered the arrest of the officer Inc
Recorder discharged the officer from arrest later
declaring that there had been contempt OF court In
the arrest.
The performances of Major Gardiner would be
amusing 10 many persons II he were not the chief
prosecuting officer OF New-York County and 20
important a figure In the administration OF justice
His defiance of the orders Of the Judges has caused
a scandal which has shocked the sense of decency
OF many citizens and created endless talk and criti-
cism in the city II was said yesterday that the
Judges OF the Court OF General Sessions would
have public sympathy and support II they presented
to Governor Roosevelt charges upon which the Gov
ernor could order investigation looking to the
removal Of Major Gardiner from office.
Major Gardner had long talk with Judge ban
chard in the morning, but neither would tell what
It was about. Major Gardiner was asked afterward
about the contention, ana SAID. IheIe II no Coi-
test. battle OF any kind"
Judge Newburger was first Judge 10 sit yester-
day and Assistant District-Attorneys Walsh and
Mccain were in his courtroom when he look MS
seat. He had list OF cases with him as he mad
on Monday. He called out the first case, and
wanted TO know II the Distrct-Attorneys represen-
tatIve ready. Mr.. Walsh SAID nc was not ana
moved another case.
81 don't want 10 know what case you move
want 10 know the cases you are ready in" said
Judge Newburger
A dozen cases we're called. in ak OF which the
defendants counsel were ready. Judge Newourger
then said Il wish TO announce for the benefit OF
those present that the District Attorney made up
this calendar They have brought their prisoners
here from the Tombs. and have their witnesses
here Now they are ready IN but one case"
Mr. Walsh jumped up and said Your Honor.
that is not So
"Sit down" ordered the Judge.
Mr. Walsh protested a dozen times, and Judge
Newburger told him as often to sit down speaking
more forciby each time. Walsh finally sat down.
He was heard to say that he did not wish to be
misrepresented. Judge Newburger then announced
that all witnesses except in the case the District
Attorney was ready in could go. Mr.. Walsh got
up and announced loudly that all witnesses sub
pcenaed by the District-Attorney must remain
witnesses have heard me say" said Judge New
burger that all witnesses except in the case
have named may 60"
Mr. Walsh again. protesting.
sit down" said Judge Newburger
Major Gardiner appeared in Judge Newburger's
court while the jury was ont On a He said
he was ready to the case OF Hankfn & Wei
lenback. charged with violation Of the sanl-
tary Code. a smoke-nuisance case.
That case has been marked off the calendar"
said Judge Newburger.
WHY was that marked OFF," asked Major
Gardiner
Ask your representative. who was present He
can tell you" said the Judge.
GARDINER SOLEMNLY PROTESTS
The District Attorney was enraged at this
Il solemnly protest AS District Attorney am
ready 10 move this I will not allow you to
put me- in false position" exclaimed Major
Gardiner
Judge Newburger plainly nettled by the
mandatory tone of the District Attorney. and he
said Colonel Gardiner please sit down.
There was a combat for time between the two
men, and Judge Newburger directed the court crier
to send all witnesses home and 10 announce that
the court adjourned. At 1l:i5 o'clock court was
adjourned. and District-Attorney Gardiner and his
assistants walked out OF the courtroom.
Recorder Goff found that there were thirteen
on his list when he took his seat There
were fifteen prisoners present from the Tombs. Ex-
Judge Allison who used to be in the Court of Gen
eral Sessions. sat alongside OF Recorder Golf. The
Recorder called the first case. that OF Samuel
Kreiser Assistant District-Attorney Honey. who
not at the conference Of the assistants with
the District-Attorney Saturday when it agreed
TO oppose the rule OF the judges to insist
daily calendar was in court, ard he apparently
did not know OF the fight that on he said
we ready. Your Honor but the defendants
counsel IS not. and consent to adjournment"
Assistant Distrct-Attorney Blake pulled him by
the coattai and told him to sit down. Mr. Blake
then declared that the case OF Kreiser was not be-
fora no off all he ext
case. that Of Alexander Muller Mr.. Blake said:
II do not recognize any calendar Your Honor
may have But do not say that we are not
ready in that case"
The Recorder was evidently going to call all the
cases. had been done Monday. and postpone
those the Assistant District-Attorney would not an
swer to. At the last remark OF Mr.. Blake, the
Recorder said: You have right TO be dis
orderly or impairment in this court. You have no
more right to be here than any other lawyer, and
when you called to order you must come TO
order II you do not you must take the conse-
quences"
Mr.. Blake would not discontinue. but protested
that he must not be misrepresented
Keep quiet" SHARPLY said the Recorder. III
you do not be quiet will have you elected from
the courtroom"
Mr.. Blake's protestations continued. and Re-
corder Gof turned to Captain Looney. of the court
squad of police. and said: IF this gentleman does
not keep quiet direct you 10 remove him from the
courtroom.
The Recorder smiling nearly all the time but
Mr.. Blake very angry. The Recorder called the
case OF Joseph Burns. in which Hugh o. Pente-
cost was counsel He told the Recorder he was
ready. The Recorder announced: The District
Attorney says he is not ready"
The Distrct-Attorney makes no such state
ment" said Mr.. Blake.
The Recorder asked Mr.. Pentecost how many
times the had been called Mr.. Pentecost
said that the indictment was dated February a.
and that II had been the calendar Ave six
times for trial.
Mark 1t off the calendar" said Recorder Golf
"Mr. Pentecost. you make such application you
think necessary for the relief OF your client. and
go to Part with IT,"
Mr.. Blake was excited. and wanted to know why