The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-06-10
GARDINER BEFORE MAZET.
MOSS ASKS THE DISTRICT ATTORNEY
<BOUT THE MOLINEUT CASE.

Tbs County Prosecutor Says He Refrnine'
from Going Before the Grand Jury BE
cause of His Friendship for Gen. Mol.
neuI-He Declines to Indorse All Tha
McIntyro Did in tho Case-Gnrdinci
Declares That lie Never Publicly De.
MED the Power of tho Committee ia
Compel Witnesses to Appear Before 1t.
District Attorney ASA Bird Gardiner was the
principal witness before the Mazet committee
yesterday. Major Gardiner was subpnnaed for
the morning session. and the committee was
inclined to be indignant at his failure to re-
spond. but everything was smoothed over
when he walked in at o'clock and explained
that he had not received his subpoena
until after II o'clock. He was placed on
the stand at once and questioned by Mr..
Moss The latter dwelt at so1ne length on the
Molineux case and wanted to know why it was
that the witness had not gone himself be-
fore the Grand Jury instead OF leaving
that work to assistants. He wanted to know
II II wasn't from motives OF delicacy. on ac-
count OF his lifelong friendship with the father
OF the accused Major Gardiner at first said
that this was not so. but finally admitted that
he had asked to be excused from advising the
Grand Jury on that account. Mr. Moss then
questioned him about statements attributed
TO him denying tho power Of the Mazet COM
mittee to compel witnesses to appear before IL.
At first Major Gardiner declinesi to answer
these questions on the ground that they
were not proper or material. but he finally told
Mr. Mazet that he had never lsIblicly made
such statements. He declined TO say what
course he would pursue II asked to prosecute
persons who had ignored subpC,nas. saying
that It would be time to outline his policy In
this respect when case arose. Major Gardi-
ner got along famousy with Mr.. Moss, and
there wasn't single exhibition OF bad feeling
throughout the entire examination.
DISTRICT ATTORNEY ARRIVES AT LAST.
The District Attorney arrived at the com
pittee room shortly before O'Clock and was
held up by the Sergeant at Arms. who didn't
know him. Mr.. Gardiner was so indignant at
this that he declared that he wouldn't stay at
all. and took the elevator downstairs. lie was
going out OF the building when he met As
semblyman Wilson. who asked him why he
hadn't put in an appearance in the morning.
MAJOR Gardiner replied that he hadn't received
the subpoena in time and then explained the
kind OF greeting he had received from the
Sergeant at Arms. Mr.. Wilson smoothed the
matter over. and tho District Attorney re-
turned to the committee room with him He
shook hands with Mr.. Mazet. bowed rather
coldly to Mr.. Moss. and announced his willing
ness to go on the stand at once.
Il want to explain" he said. that the sub
pRna requiring my attendance here this morn
ing was only handed to me few minutes be-
fore IL o'clock. as came out OF the Supreme
Court. 1t was too late to catch the morning
session then. SO l waited until now"
Q.-Ars you tho District Attorney OF this
county, Al am.
Q.-As such. do you have TO report to any
one2 A-No.
O.-Are the cases dismissed or prisoners dis
charged on their own recognizance reported2
A.-They are matter of court record.
Q.-But they are not reported name by name.
are they? Al have nothing to do with the
matter but to go into open court and submit
any motion I have to make.
Q-Is there any public record Of tho cases
pending in your Office: A.-No.
Q.-ls there any public record OF cases that
have been lying there for years. say for two
years-I mean what are commonly called pig
eonholed cases-although l don't care to apply
that term? A.-Not in my Office although they
are on record in the Clerks office.
OWN you tell me what there is in respect
TO these old cases that one can see In your
office? A.-Well. the original indictments are
kept In the Clerks office. but have copies OF
them In my ONCE. too.
Q.-To find out the number OF these cases
then. one would have to go through this whole
mass Of indictments. wouldn't he? A.-Yes;
but I'd lust as lief tell you that I keep conf
dental records that tell the history Of indi-
vdua cases for myself and the members OF
Q-Can any one SEQ this confidential record -?
A. Well, scarcely any ono one l have been asked
Of times. and don't recall eyer refusing any
body But the applications have always been
Ty 5 ene6 IS
sstsnt each day with a list Of the cases on tie
case the disposition made OF It, and atterward
turns this list in to me.
rendingF Avery few. '"
q, Have you the exact fiRurcs' Al don't
ad to s Gsy esT TO- y fs T bf
fancy that there are no cases two years old
Sy lew Whsh m haze sGsnY
shall have all these cases cleaned out before
Jury is practically reflection Of the views OF
the District Attorney? A 1t might be.
THE MoLINEux CASE.
O.. But don't, you frequently go before the
Grand Jury. but in the case YOU mention I
,.Q.-But you had an assistant therep A.
Well. before that | had stated my views pretty
t. the cor91 Ell ury and they had
hnd Preer 45y h ,h%s
them appeal to the Court;
Q.--Don't you think things 60 before the
Grand Jury In a very one sided way whom the
defendant has no representative there lisa
sort OF an eXparte statement. isn't il A
Well. frequently that is tho case But it's also
frequently the case that the Grand Jury wants
evidence. pro and con.
Q.-You took an Official as we'll as . personal
interest in this case. didn't you A-Certainly
] took an official interest My personal interest
was that was very sorry over the whole mat
ter, as the father OF tho prisoner had been my
friend for thirty five years
Q.-But you stated that you would be glad IL
no indictment was found; thar you would
throw your hands in tho air with Joy so 10
speak; didn't your A.-No. sir.
Q.-But ! saw statement to that effect in
the newspapers. Al don't think | ever said
any such thing. I've seen lots OF statements
from me in the newspapers that | never made
Q.-WaS it sympathy for MOiineux that kept
you away from the Grand Jury? A.-No for [
firmly believed him to bo guilty. and still hold
the same belief, am doing my utmost nowto
hold him.
OF you believe him guilty, Why did you not
60 before the Grand Jury and do all in your
power to secure his Indictment? Al don do
things in that way. | was brought up in diff
ferent school.
Odd you do your duty as District Attor-