New-York tribune., 1899-06-10
PRICE THREE CENTS.
Mr.. GARDINER A WITNESS
THE DIsTRrCT-ATTORNE BEFORE THE
MAzET COMMITTEE
NO CONFLICT AS EXPECTED-THE MAJOR
SAYS THAT HE FIRMLY BELIEVED
IN MOI rNEIrX'S CIrTI.T

NO CONFLICT. AS EXPECTED-THE MAJOH
SAYS THAT HE FIRMLY BELIEVED
IN MOLINEUXs GUILT.
After keeping the Mazet committee for some
hours in doubt as to whether or not he would
obey It's subpoena, Distrct-Attorney Gardiner
presented himself before that body yesterday az
ternoon. Upon the opening Of the morning session
Mr.. Moss asked II any one representing the Dis
trIct-Attorneys Office were present: but there
no response. On the preceding day w. J.
McKenna chief clerk to Mr.. Gardiner. appeared
before the committee and said that his superior
not able to be present. but in order to In
his attendance yesterday be accepted
subpoena on behalf Of Major Gardiner conse-
quently, when the District ct-Attorney was not on
hand when he was called for yesterday morning
the conclusion formed by the committee and by
those interested in the investigation was that
Mr. Gardiner intended to stand by the opinion
he has publicly expressed-that the Assembly
having adjourned Its committee Is without the
power to subpoena witnesses. But few mo-
ments before the committee reconvened for the
afternoon sitting Mr.. Gardiner entered the
courtroom accompanied by a stenographer from
his office. who subsequently took careful short
hand note OF the Dstric.- Attorneys exarnina-
ton.
Mr.. Gardiner was smiling and afabe, ana
shCok hands with Mr.. Mazet with ostentatious
cordality. He was careful TO explain TO the
reporters that he had not attended because ne
had been subppnaed but because he had casual
ly heard the committee wanted him and was
only too willing to help II in any way that
lay in his power. After he had been sworn he
made a somewhat similar explanation. inform
ing Mr. Moss that his chief clerk had informed
him earlier in the day that the committee would
ka to i'm hut hat hp n
gagged on an important In the Supreme
Court in the morning he had been obliged to
defer his attendance until the afternoon.
WITH STUDIED COURTESY.
II had been expected by all who knew Mr..
Gardeners irascible disposition that his exam
ination would be attended By some very lively
Incidents He has never hesitated 10 express
himself as nmcal to reform movements and
as antagonstic to the Mazet committee. Con-
sequently all In the committee room awaited
with eager expectation a conflict between
Mr.. Moss and Mr.. Gardiner. But nothing
of the kind happened. Counsel and wit
ness treated each other with studied courtesy.
and from first to last the examination, which
lasted about an hour only, was conducted with
dignity both sides.
Mr.. Moss touched upon only two points-the
Moneux case and the reported utterances OF
Mr.. Gardiner relating to the legal status OF the
committee Mr.. Moss. however. intends upon
a future occasion TO have Mr.. Gardiner explain
some Of the peculiar workings OF his office; why.
with expense double that Of his predecessors
and force twice as large he is able TO ac-
complish only about one-fourth much work.
Explosions may be looked for when that time
comes.
Mr. Moss devoted a few minutes to question
frU fTc with ma a q
fectng his office, and in elicting the information
that the system in vogue of preparing cases
for trial was disadvantageous to defendants.
and then found his way to the Molineux case.
Mr.. Moss apparently anxious to ascertain
mainly why, after pushing the case against
the accused man with such venom before the
Coroner's jury. he apparently had abandoned
1t when II came to the Grand Jury. Gardiner
admitted readily that he had expressed himself
so strongly before the Coroner that he had
asked to be excused in giving advice to the
Grand Jury. He was unable TO recall however.
ever having made the statement that he would
throw up his hands for JOY IL the Grand Jury
acquitted Molineux. Several times Mr.. Gardi-
ner alluded to his thrty-fve years friendship
with General Molineux and the difficulty he
felt In conducting the prosecution against his
son; but he asserted that 1t was a feeling OF
room, because he firmly believed the young
man to be guilty.
Mr. Moss was also curious as to why Assist
ant District-Attorney Mcintyre had been re-
placed by Mr.. Osborne. another assistant. The
witness explained that IT was his habit. upon
hearing OF murder, to dispatch at once an
assistant to the scene in order TO see that the
instrumentaties Of the crime were properly
preserved. Mr.. Mcintyre was in the office when
the murder was reported and was sent to the
house. Afterward the charge OF the
given to Mr. Osborne only because Mr.. McIn-
tyre had so much work on his hands. The
witness denied that Mr. Osborne had the care
of the case given to him because he reflected
more Of the opinions and views Of the District
Attorneys office in the matter of young Mo-
lneux's guilt.
Mr. Moss asked several questions about the
tumbler from which Mrs Adams drank the
poison. Replying to these. Mr.. Gardiner said
that he was not aware that the glass had been
allowed to remain in the room for four or fiye
days and that in that time the four grains of
sediment which DR.. Potter had seen In the first
instance had been reduced to a mere trace when
the Coroners physician took charge of 1t.
ON A FISHING EXCURSION.
witness volunteered the information that
when they decided to work up case against
Molineux they started out on fishing excursion
because they had so little to go on. They could
not get the specimens Of handwriting they
wanted so they pursued one line OF exarnina-
ton In order TO induce another line OF action.
and succeeded in their purpose.
Then Mr.. Moss turned his attention to the
various interviews which have emanated from
the District-Attorney with reference 10 the COM
mittee and its power Mr. Moss pointed out to
the witness that he had assumed that In any
legal matter growing out OF our committees
work here we would have the hearty, earnest
and honest cooperation Of the legal state prose
cutting officer and we were quite surprised 70
read In several papers Statements wnich are
said to have come from you
when asked II ne had made these statements
A.. Hardirar haIked n direct answer by nayiuG