New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-22
MORE DEAD DEFENDANTS.
FUNERAL ASPECT OF JUDGE NEW
BURGERS CALENDAR CONTINUES.
AR. GARDINER REPEATS HIS ASSERTION
THAT HE Is GOING TO RUN HIS OWN
OFFICE AND THEN MAKES PUBLIC
A LETTER TO THE JUDGE.


on the calendar together with the controversy be-
tween Judge Newburger and Distrct-Attorney Gar
diner caused the gathering. Neither Assistant
D,strict-Attorney Osborne nor MI Duncan who
represents the Liquor Dealers Association was
nresent when Judge Newburger began calling the
calendar but there was representative from the
ofnce Of Mr.. Dinnean in court.
The first name on the calendar called was that
~ John Bigott. The representative from Mr. Din
means Office and said:
The defendant is dead. A certificate has been
furnished Of the death of this man"
yes" said Mr. Dinnesn. who had just entered
,he courtroom. 1.-THE defendant is dead He has
passed away from this bourne. and l hope 10
better world A certificate has been entered Of his
death and filed"
At that moment Assistant Distrct-Attorney os-
borne entered. and hearing the remark OF Mr..
pnnean delivered in funereal manner. said:
Yes Your Honor the defendant is dead. The
certificate has been filed"
The next name called was that of Antonio Ma
rszeno. There a long pause after this name.
Finally a lawyer arose and said:
your Honor / would like to have little more
time in this case. This was indicted in 1876
and the case has been dragging along for the last
three years. and the sudden and abrupt calling Of
Ibis case from a long and peaceful slumber is a
surprise
~How much time will you want?" asked Judge
Newburger.
.About two or three years more, said the lawyer
"Whatr exclaimed Judge Newburger; two years
more"
yves replied the lawyer: "Marazeno went TO
Italy about a year ago. and was to have remained
there three or four years However. l think could
get him back here in couple of years-say TWO
years and half"
The case was stricken from the calendar by order
NJ Judge Newburger and against the objection of
Mr. Osborne
The next case called that Of John Malone
Here is where the break occurred. Dinnean called
out: Dead" Judge Newburger called for the IN
dctment He saw indorsed on the indictment that
Malone had died in July 1895. and Assistant Dis
trict- Attorney Mcintyre stated he saw the corpse
and recommended in the Endorsement the dismissal
Of the suit Judge Newburger could not hold his
patience any longer
There is no excuse for this being on the
calendar I want TO call the attention OF the Dis
trict-Attorney to this case.
Il can't help II II he is dead" replied Osborne.
There is no excuse for this case being on the
calendar want 10 call your attention to the fact
that this man died in June, 1898. and that such
fact was made known 10 the Dstrct-Attorney by
one Of his own staff"
Il don't need to have my attention called 10 H.
said Osborne. his face flushing.
A DISPUTE OVER THE CALENDAR.
u beg your pardon" replied Judge Newourger.
.qt is my intention call your attention TO fact
xou should have known before This case should
not have been the calendar
THAT is not a calendar" replied MI osborne
OF isr' replied Judge Newburger. with much en-
phasis.
1T is not calendar; it is list" persisted Mr.
Osborne.
BE seated Mr.. Osborne" said Judge Newburger,
with some severity of tone.
Il just want to explain that
"WiH you be seated. Mr.. Osborne" said Judge
Newburger, rapping his desk. Mr.. Osborne
rfec uFhG
sharp rap from the gavel Of the Judge brought him
TO his seat again When he had been seated and
quiet was restored Judge Newburger said:
This is not a list, but calendar. certain
amount of money is aside for the printing of the
calendar in The Court Journal This is not
list and
At this point Mr.. Osborne attempted TO rise and
Judge Newburger raped and he sat down again.
Then Judge Newburger continued When he had
finished explaining the difference between list
and calendar to Mr. Osborne the latter rose re-
specially and said:
What harm does ii do II the name is on the call
endar?'
This delivered in a modifying tone Of voice,
and Judge Newburger appeared to be somewhat APP
peased by IL. The case was stricken from the cal
endar and the next one was called. The name was
that Of John Sorahan. A silence followed the read
ing OF the name. Mr.. Dinnean looked amused.
lawyer arose and said that Sorahan was his client
He indicted some years ago. He had served
with the 69th Regiment. and he understood that he
re-enls,ed fight the Filpinos, and was now
somewhere in the Philippines
He's good dead so far as this court is
concerned said Dinnean.
i don't know about that replied Mr.. Osborne
Judge Newburger ended the cooquy by taking
The case from the calendar.
WHAT MR. GARDINER SAYS.
District-Auorney Gardiner late yesterday after
noon made statement relative to the trouble in
the court. He said: Il propose 10 run my office
myself and TO suit myself. without any instruction
from Recorder Golf or Judge Newburger They
have frequently from the bench been making
marks about matters of which they know nothing
and criticisms matters which they have
jurisdiction. For example, on Tuesday in gam
bling case before the Recorder he made the IN
truthful statement in charge to the jury in
dictments for gambling that the case before him
the first TO be brought 10 trial. My records
show verdicts Of guilty in seventy-hve cases of
gambling and policy shops
The District-Attorney asked why the Malone
case had been put on the calendar when II was
shown that he dead time ago. He
thought for moment. after being told in detail
what had occurred and said.
whats the matter with that Judge? He threat
ened this Office as have before said. and my rep
resentative, Mr. Osborne knows what he said In
the best-regulated Offices there will be something
that borders on a mistake. There is no calendar
4O' ''o JuNses VI lHcSe courts, simply a docket.
Even Recorder Golf admits that. In the gambling
referred 10 In his charge 20 the Jury he rosd
uce OF the expression: All have TO do is TO mass
upon the moved ~ the District-Attornev H.
alone is responsible
Now, Judge Ne"ourger the other day said after
six or seven cases mad been called that he was
forced to adjourn court after being in session one
hour and FIVE minutes. In March he sal az 90
average of two hours and ten minutes each a., an
II these judges would sit longer they would re-
Ueye me OF a great deal Of anxiety in djsnosre
Of old indictments and enable to give nv Tine
10 current business. which is increasing at grear
ratio.
LAS 10 excise cases. / am determined to get rid
Of them and the Court OF General Sessions has eof
10 try them or dispose of them. l told that Iudge
NeWburger to-day refused 10 forfeit me bail OF
a man who Is now abroad / Will not stand this
any longer That is all | have 20 say"
"',y ,bop d. r,,hlto