New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-03-14
GARDINER DEFIES JUDGES
1r 1s NOT COMPELLED TO FUR
8 v1sH CRIMINAL CALENDARS.
srxrss N THE COURT OF GENERAL SEES
sroNs HALTED BY HIS DDcISioN-f'N
,vp1ArNs HIS ATTITUDE IN
A STATEMENT


A STATEMENT.
aA between the Judges OF the Court Of
IL sessions and the District Attorneys
ubich has been going on for some ume'
- ou, into open rupture yesterday morning.
-. oouse Of the outbreak was the new RUE
-, s,,., al last weeks meeting of the judges
.nav decided that the court calendar IN
~ narts " the Court Of General Sessions
no called in each part every day Inc
..,s q, the District-Atorney's office held
ting on saturday. and agreed 70 oppose TINS
The result was that for the first time
- .ho history Of the Court OF General Sessions
IL u.as ,, court calendar nj all yesterday.
hos heer the custom 20 get the calendar IN
- che day before the court DAY, and have it
I'd IN THE Law Journal Il is sent 10
io-s Interested in cases and posted in the
lido NJ the Court Of General Sessions. Yes
- ,t,s was not done, and the calendar was
~, made ont ,,sao
~evhurcer In Part III. When ne found no cal
had been provided he got the clerks list
'st,b &c read usually 10y the chief clerk and con-
w.. .ns names Of cases 10 be tried. Fifteen
.+,+sa- cases were called and the District
-, was ready in only one In every case
s.s.r5.r-,s LAWYERS were ready. Assistant
,,,..-sot- Attorney Walsh said. Il move the case
Of .o,.o,-
-. r,5es Il am trying to find out what
cases are ready
The Judge noticed that all the cases We're
,,orked ready and he then proceeded 10 cal
a, unfinished case from Friday
v-ner Recorder Goff arrived ne asked Assist
49,. n,s-ricr-Attornoy Blake what cases We're
ready n.,,-so, .,
said NJ Blake
Recorder
pob,nson." said MI Blake.
.Does the pistrict-Attorney refuse 10 move
.-r o-pa- caeos?" asked the Recorder
..-te n. s-~ict-Attorrey Is conducting his own
a.. -.,lies Nir Blake "and moves the case
Of Willard Robinson"
I Hauirau counsel for Robinson. asked
80. -pa case be postponed. as two witnesses
we're out q ne state.
Recorder COZ said he could not grant an ad-
tournment
uorDs. DISTRICT ATTORNEY TO ACCOUNT.
90 hold tie District Attorney to strict &C
adjournment IN the case except on good legal
u-o,rds THIS court IS under the direction OF
~. Court The only case that VIII be tried to-
sr ,s the Robinson case. This is the only case
he ptstrict-Attorney has ready.
Your Honor. did not say that was the only
case have ready"
q don't want TO hear from you. Ny. Blake
You have called your calendar.
n. Blake then announced that all witnesses
3, ,bs courtroom subppnaed by the District
Attorney must remain in the room
Recorder Goff announced that only the ROD
inson case would be tried by him
When Ju5ce Mcmahon who IS sitting IN Fart
" arrived ne found nineteen cases on isl ne
secured rom Chief clerk Carroll Upon eAcH
being called Assistant District Attorney Io"h-
send answered. Not ready"
Judge Mcmahon then took up the unnnlshea
cas- of Philip Drum. charged with murder
which was adjourned from Friday. The only
Comment judge McMahon made was:
81 see that the Dls-rict-Attoney did not pro
vide calendar for the lawyers to-day. I think
4 bad spirit 20 show"
Judge Blanchard also took up an unfinished
case from Friday.
The first case called after the unfinished one
n Judge Nevburger's court was that Of James
Manning Assistant District-Artorney Walsh
said he was not ready and he moved the case
Of Thomas Andrews Judge Newburger allowed
the case 20 be called and be then said he would
hear no other case. lie said that If the Dis
t-ict-Attorney cared 10 make public only one
case a. q time he would accept that as the cal
endar for the day, and Try only that one Judge
Newburger's court was forced 20 adjourn early
because his cases We're ended.
Judge NcMahons court also adjourned early
The evidence in the Drum case was all in,
and Assistant District-Attorney Townsend was
asked = ne had another case ready He said he
had not. and the court adjourned
MAJOR GARDENERS LETTER
Major Gardiner later gave out letter to the
judges OF General Sessions in which he said IL
pa7
-, us rnGice i am concerned rs attempted
cars~.,.~e from an elementary principle ~ mo
crlnaIr.I courts The power 10 make rules ioI your
own government and conduct oniy kiss 49,
sctore caleu6ars are provided by law. In the
criminal courts there are no caIenutIs rAceI. l"p
Is nv a9 ~ec,i,red 10 make. so action Is before d
court f0r the purpose Oi uiai LL.l. 49,
ton nay he made by attorney for tne pam III
OF the defendant and is perfected by hl!nE n'tp
d
tben fa..ee nreccdence for trial according 10 the
cate u issue Joined. This course OF ProieuI,e mas
ever fa found impractice bile IN criminal ac ions
4 dar.rIert cannot move an action Tor uleI nor
comp. the Dstrict-Attorney. as r,presel-ti-s '
STATE t0 ee- an indictment down for trlal before ne
krsso- Tho action is not. therefore. pendlhs IN
81 moved Tals Is an elementary prtncip!e O55
c1miaa. Jurisprudence founded III experience anu
Yoa~ r.rico that so-called calendar VIII be
called every trial day is assumption p au nor :.
compel the District Attorney 10 submit 10 y"uI
control the actions which be- may purpose 10 u3 ~
NO. III al
Course Of procedure which the orisina court or -It
KIM P.rcr n this STATE, or the oyer aiu j. ~
n.r.- olr present criminal term or the SUPP eIle
colrt has never veutured. and which WIN ia" ap
prec.ation " ny responsibility 70 the people can
no. recognize. -. .- .,..--lrro
Mr. JrstIe. Field. Of the United States supreme
Court. ln Che United states VS. ocluiila"l. 1,
entirely under tho direction of the DStIiil- a,
torne, and after an Indictment found ana uil'N
l. --.- -. u. .