The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-11-01
CASE AGAINST GARDINER.
cOyERNOR REFERS THE CHARGES
no THE ATTORNEY GENERAL,

TO THE dIIOHNEl uEN Ehdbt
VII, VIII Report on Their Sufiiciency-TheJ
saw That Criminals Have Been shielded,
I,uty Neglected, Power Abused-Moi
case Specified, with Hundreds More.
Til, charges against District Attorney Gar
Amer presented to Governor Roosevelt ysster-
d,y on behalf OF the City Club are signed by
Tbonn, X. sllcer, De Witt Wells. V. Everit
Nav lanes b. Reynolds. Charles c. NadaL
IJopho Oppenhym. Oswald Garrison Willard.
James ". Pryor. John A. MeKim. and Arthur
Cosby. They say. first. that the District
Attorney has made unfair use OF ms
prstcgatives and privileges In the Grand
'.ur, room 10 initiating indictments add ad-
,isine the Grand Jury: as an instance.
,heinsictment OF Nicholas Murray Butler and
tho Hollis for calling John ]. Little fine old
educational mastodon. Tho charges further
rscIt. that Major Gardiner has so managed his
oacc that crmin have been more shielded
,bon prosecuted, inasmuch as he has caused or
n.rmitted more than two thousand prisonsrsto
be set FREQ without trial: that he hns persist
univ sought to nu!liiy the Liquor Tax law In
chi. county By allowing cases to be transferred
from the Court Of Special Sessions to the
Grand Jury and by lax prosecution OF such
c,se, lie Is said. also. to have persstently
neglected his duty In regard to forfeited
recoenizances ,
by public assertions OF his superiority to the
IpJseso tths courts In which he has appeared;
,h,t while tho Grand Jury OF the Court OF
Csn.ral Sessions was daily adjourning at an
.,rly hour for want OF sufficient business.
h. has applied to the supreme Court for the
.ummouinp OF special Grand Jury in
The criminal branch OF that court. that his
encouragement OF his ONCE has crippled tho
usefulness OF many coordinate and related de-
p,rtmonts In the city and county. and has thus
depriysd tho people Of the full efficiency. not
only OF the criminal courts. but OF such
branches Of government M the city Magis-
trstes the Police Department. the state Excise
Department. the Coroners. and all branches
having police powers
From January !. 1893. to June 20. 1900. say
the charges. s2O4.55O OF bonds were forfeited
in General and Special Sessions. On these s2l.-
BOO were not dockcted. SJ2 400 were returned
AS un.ati.ned executions. $50. $50 were not re-
turned on the docket. $4,000 were vacated
and s2us5O whereof $50 900 In a single case)
were satisfied on the docket. The total re-
turn to the Comptroller ty tho District At
torney's Office. including bonds entered up
under previous ncumeentsi was S2o: 'OS, III.
OF the District Attorney. These figures do not
include. the forfeiture in the Magistrates
The charge, sa, that the District Attorney
has failed 70 nnirtan an efficient stan %, OF
s :Hrs s ,a .ncusS s to Se courts Sus9
that he has allowed the peoples s'de OF cases
to dcteriorate by failing 70 bring them to trial
Influence the selection OF Grand Jurors: that
he has caused or permitted political or other
consideration. to Influence the action and In:
action OF his Office that he has shown himself
possessed OF . deficient moral sense. and has
MI a. II NJ NJ m
as hi, Office requires: and that his dem.ano
10 and out Of court has tended to bring ridcule
community itself.
nss:n SS %S ~. S.s.s
Dr., Trumbell W, cleveland and Roland b,
Molineux are cited amoac those in which the
JnFy, and advised that BODY. The dismissal 81
A@sfesn fSSas.o SSs1s OF The
Aleu- Bruno Brsst;;chnsidcT. OF The
H,martst; Oscar Ham N Sfs,sIn. Tor main.
tanning publ, nnissnce Ambrose H. Purdy.
and fwSrd ssiG or yS
Several RACES q ihs names of person.
schedule elites cases where the District Attor:
ney, as such. /. said TO havs really appeared
ions Of the SECTION law in the Yinetsenth p A..
smbly district: the case OF the People ex rel
crawford VS.. henderson ana that OF tho Pcopls
vs.. John g. Sheehan. in both Of which. It |,
asserted. the District Attorney submitted =
brief for the defence"
The District Attorney declined 20 say m y
thing yesterday about the charges. He sait
hs understood that the Rev. Or. Sicer did no
believe in tho divinity OF Christ
Albany. Oct. D.-Hov. Roosevelt sent tn,
charges TO Attorney-Genernl Davies who vii
report In DAY or two upon their sufficiency
II the Attorney General reports that tn,
charges warrant. the Governor will serve
copy OF the charges upon Col. Gardiner an,
request him to make answer within egh
days After the District Attorney res Iii
answer the Governor will decide whether tn,
answer Is satisfactory. II he thinks not h.
will designate an attorney as "a commissions
70 take evidence In support or reputation o
thn charges.
Upon his findings the Governor will deter
mine whether or not TO remove Col. Gardine r
Gov Roosevelt snd this morning that h,
would follow the same course that he did Will
the charges preferred recently against tho lls
publican County Treasurer OF Chautauqu,
which resulted in his removal. Though IN,
latter Official WAS prominent Republican an,
bad many Republicans plead with Gov
Roosevelt against rem oval. the Governor re
nainsl firm In his determ nation that tn" NO
cuSed Official should 60. II the charges asa 5
Col. Gardiner are not proven no power OF
earth could induce the Governor to reno We tn,
accused District Attorney