The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-11-19
GARDINER MAKES ANSWER.
.v,yTrLrse MS <ccUsBHs AVID TEE
CHARGES lGIINST HIM.

and the Latter Silly, Unfouuded ana
ndy.l-He Joins with wcitner In the
Attack on Heydeoker and Mcmahon.
ni.,rct Attorney Gardiner sent to Gov.
poo.eyst yesterday his answer TO the charges
A. against him with tho Governor By NOM
49,. o. III. City Club. Tho answer included .
wi, 10 almost every one Of about 1900 speoi-
s,,,Iop, contained In the charges. There
ar. eighty pages OF typewriter matter.
.sgr.satlng about 22.500 words. The District
a,,nrpey begins by describing tho charges as
.n,spsrsd BY one Thomas r. Sliccr and nine
mar alleged citizens" and says:
"Th.s, individuals being wholly unknown
- mo and unknown 10 criminal court practice
have had difficulty In nscertainine who they
40 A. their residences were not aided to
chair .Isnaiurss. nor IN several instances are
,hsi, names to DO found In the city directory.
Mo-, o, them are very young men and two or
~. are non residents Of this county. also
.o,s that the subscribers 10 these so-called
ss.,s,, have avoided verifying them. although
.,.n in 4 justice OF Peace's court. an inquest
..nno, be taken without verinoation Of the
complaint under oath.
"Io,nnot approach tho oonsideration OF these
..-,.,led charge, without surprise and indiGua-
,on-,urprise at the gross ignorance OF GRIM
,,,l law and procedure exhibited By the sub
.,,ber, and Indignation At the attack upon .
,nble officer whose un blsmlshsd record OF
,.l,,,.aye years service to the nation or State
q. bsr,tage Of his family. This attack. care
t,llv panned. was made near the close OF an
,nportant political contest and copics artfully
Ac,s,sd wore at once given to the newspapers.
Tina memorial to your E1ccllency was accom-
n,nl.d By a letter from the aforementioned
N, sIlcer. which was so frantically vitupera-
,iy. that DO not recall anything likeit.
"Tbi. cr,miually libelous communication
x,,.,o ven to the press, and from their
eomments learn that the individual named
resided until lately In Buffalo. n. Y: that he
h,, changed his religion three times. and now
ministers as pastor to the Unitarian
congregation In this city once presided
over BY my departed friend. the
.lp,ly Henry W. Bellows. The lead
ips journals OF Buffalo have since. without
distraction OF party. characterized Mr.. Sicer
a., professional reformer' and advertiser Of
himself. and q self-constituted public prose-
eu,or now al the old game in the metropolis
and engaged in a reform movement which has
for IL chief object the removal OF Democratic
ofctal. and the substitution OF Republicans In
their places.
The answer also states that tho law partner
oil tbs messenger WuO VhITitu sho W
m. Governor. and who led the subscribers
iuto the error OF signing the charges" was dis
barred asst December. District Attorney Gar
diner calls attention to q comm unicatlon he
semitic the Sabbath Observance Committee on
July II regarding the other individual who
assisted in rr.psrIng the so-called charges"
Tie communication reads as follows:
Il shall be happy 20 cooperate with the So
cie.y \. lido with all others which are intended
toad 10 the enforcement OF the law. but TO do
sotis necessary that your attorney shall DO a
gentleman and have some knowledge OF Grim
ira law"
Continuing the District Attorney SAYS: Dur
iug the present week this attorney whom had
10 crticse 90 severely and the attorney who
delivered 20 your EIce.lency the so-called
charges against myself have. at the instance
Of the Consul General OF Austro- HunRaria.
been Jointly summoned before Magistrate
Mayo to answer 10 sworn Grim nal informa-
ton under Section l4s Of the Criminal Code
for deceit and collision az attorneys In de-
,rauiing minor heirs. Your Excellency will
perceive the susp rious and wholly unreliable
source from whence has smanated this attack
The ,rrpy then GIsneeeeds 70 take up
4. r. 5'SS'' mi h' B:..s:
prcrosai yes and privileges IN initiating
rro.scu, ons before the GFand Jury and adj
csLuTe IN the eases of Nicholas Murray Butler
And Roland b. NoineuX.an sgys that Il is only
In exceptional cases that h. has taken COM
pial' 10 the Grand jury n the first instance.
:, The specification that hsve III about three
thousand cases perm tied indictments TO DO
dlsmi.se,t or baildIscharged and the defend
ton h. says. that strikes directly at all
Discretionary authority. The sch. tul. Of cases
By order d the Court and bail dschaIg ed and
defendants discharged upon their own recog-
nlzanres AZ al the-e pr3ceeilpg' are Judi
O. th.se ca ow and ignorant persons dec airing
ha' have IN many instances .hield sd alleged
et.mlnat rather thap pun shed and prevented
crime. II implies cOllus. on between the Dis
rIct Attorney and the several Judges. ! have
male rule that whenever a trial assistant
an Indictment or the discharge OF q defendant
neshal inrOrse upon the Indictment reasons
p! the retommendat on. cannot procur. the
dtm 'sal of an indictment or discharge OF bail
without the action Of the Court
have thank God. profess on al stan whose
hoLes'y and Integrity are unimpeacha'le and
nav" yet 70 learn that IN any one OF the entire
hunter Of instances cited OF Indictments dis
missed or DEFENDANTS discharged on their own
resemblance any Recommendation was put
o opn e. Indictment other than In 'urtheranc'
during, the term OF my predecessor. ". N.
J. 1871, 70 Jan. i. 1893. there were Iii cases
In which indictments were dismissed or
lnce"
Alter quoting numerous opinions which
go'ncile win his position on this matter the
District Attorney says: Il now quit this .peci-
ncatioA with profound disgust for the legal re-
0nlrtmHn's 'nr those who preferred il. D."
hrgaring the charge that many minor cases
nave te-n trans erred from Special Sessions to
ggtnera. Sessions the District Attorney says:
nave cIp posed the removal OF these petty
eases nom Special Sessions to General Ses-
SONS because o. tho delay incident 10 indict-
ntnt and trial BY petit jury cannot hut feel
however, but that defendant has, In
ne language Of Justice Andrews OF the
sgpreme Court, q constitutional right to a
Tlhl ,oy Jury. For the first time in my
anpNlenge a Distrct Attorney has been called
ppnr ~ "'"rd himself because grand juries
nav" refused to indict or because petit juriss
nave refused TO convict, Probably the pc
enildt ndlylNua's who have prepared this
nliLy declaln'on would like 10 have a perpetual
Suy IKE N" Revolutionary Tribunal ~ the
neIh oi Terror to make he defendants prove
H"r.r innocence, or else take their heads"
~ W" charges relative N lax prosecutions of
ro,tioas o. the Liquor Tax aw. the District
Lh"y' aIter reviewing IT," methods under
"nt,eh T., rsr nasrs are tried, says:
a. i9r NE lir1t time ia my lie | have heard
~ tnaLE" o, persistent effort TO nulify the
fs ~ insisting on public trial in open court
iHeto'' Jury. oil those charged with violating
IN regard to the charges relative to nom
~ go, On II forfeited recogni2a noes. tho bis.
ulr' Attorney submits a drtailed statement
"a ipL ~.