The record-union., 1899-11-28
The Mazst Legislative Committee
Resumes Its Investigation
Of Affairs in the Various Departments Of
New York's Municipalities.
Runs Across a Stumbling Block In
the District Attorneys Office,
the Head Of the Department De-
clining to Accept Summons to

NEW YORK, Nov. 27.-The Mazet
Legislative Committee to-day resumed
it's investigation of the city depart
ments. The most important incident
was the refusal of District Attorney
Gardiner to testify before the COM
mittee, which thereupon entered upon
the long expected inquiry into the con-
duct of the Office of the District Attor-
ney. Governor Roosevelt to-day an
nounced that he would appoint Ainsley
Wilcox of Buffalo Commissioner to
hear the charges brought against Mr..
Gardiner by the city clubs.
At the hearing to-day Mr.. Moss read
the affidavit of Edward j. Reardon,
who served Colonel Gardiner on Sat
urday afternoon with a subpoena to APP
pear before the committee this after
noon. According to the subpoena server.
he had met Colonel Gardiner in an
elevator in the Criminal Court build
ing, and when he touched him with
the paper Colonel Gardiner said:
II don't recognize this as a legal ser
vice, as it is a. half-holiday."
Reardon insisted that he had served
the subpoena, when Colonel Gardiner
said:
You are - liar. and I have a
mind to have you arrested"
Mr. Gardiner sent a long letter to
Mr. Mazet, in which he says:
Instead of inquiring of me concern
ing this Office, you permitted your
managing counsel to question me con-
cerning an indictment for murder OF
exceptional intricacy and difficulty.
which has taxed the energies of myself
and members of my professional staff
for nearly eleven months, and is now
on trial.
''This scandalous effort to pry into
the peoples cases, presumably for the
benefit of the defendant, induced your
associate counsel to follow me from
your presence to say apologetically
that he was opposed to such an exam
ination.
''It becomes my duty to announce a.
fact that you well know, that you are
absolutely without lawful authority 10
issue a subpoena
The investigation this morning was
into the methods of the Health Board
Inspectors, and the disclosures were
not important.
ASA Bird Gardiner called Mr.. Moss
at the afternoon session, and at his
request Chairman Mazet officially re-
peated the call. Mr. Gardiner did not
answer. A note was made of the abb
sence and the subpoena served on him,
and the affidavit of the subpoena server
and accepted in evidence.
"Of course" said Mr. Moss, Il will
not ask the District Attorney to indict
himself for contempt of court, but in
in, nfh
witnesses, we will report the case to
the Legislature, which I am sure will
be able to uphold it's own dignity.
Mr. Moss answered that he wouid
devote the rest of the day to an in
office. He put in evidence a bundle OF
indictments referring to the cases be
had cited, and then William N. Penny
and Edward Chambers, Clerk OF the
Court of General Sessions, took the
stand and identified half dozen big
bundles of indictments dismissed and
bail discharged.
Mr.. Penny identified the minute book
of the criminal branch of the Supreme
Court, and being asked how many
cases had been tried in that court dur
ing the present term, he said only two
George w. Dorney and Dudley Smith
Mr.. Moss found from the minute
book that the Smith case had only
taken two days of actual work In
both cases the jury acquitted the ac-
cused Dorney was defended by Gran
vile c. Mcintyre, son of Assistant DIS
trict Attorney John F. Mcintyre.
Young Mcintyre was in partnersnip
with John Palmeiri, and Mr. Penny
said one or the other of them appeared
in many cases in the Criminal Court
The committee will meet again to-
morrow