New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-03-29
NOT THE TRUTH, SAYS GOFF
CNTERMYER ACCUSES THE RECORDER
OF ANINIUS TOWARD GARDINER.
JUDGES TESTIFY AT THE HEARING OF
THE CHARGES AGAINST THE DIS
TRICT ATTORNEY

myer said he proposed to show that the Recorder
had been engaged in a the District Attor-
ney. You are uttering what is untrue" said the
Recorder
We wish TO show that an official in a judicial
position is playing politics from the bench" de-
clared Mr.. Untermyer
You stating what is not the truth" said the
Recorder
Recorder Gon also said the memorandum of the
agreement between the Judges and the District At
torney's office written by Mr.. Gardiner and was
not true Judge Cowing testified before the Re
corder about the trouble the daily calendar
which the District Attorney was required to pre-
pare
The hearing was resumed in Part VIII of the
Supreme Court before Ansley Wilcox the COM
missioner appointed by Governor roosevelt Deputy
Attorney General J II. Coyne and his special
deputies. Horace z Demng and Arthur F Cosby.
were present Fulton Mcmahon and the
Rev. T. R. sHcer, Of the City Club Committee.
Judge Rufus B. Cowing was the first witness
called. He said he had been a Judge OF the Gen
era Sessions Court for twenty-five years. When
asked about the rules adopted by the Judges IN
December OF last year regarding the presenta-
ton OF the cases, Judge Cowng said that often
Deputy Assistant District Attorneys delayed the pro-
ceedings Of the while they examined their
witnesses. Other Judges found the same cause Of
complaint, and rule was adopted that all cases
should be prepared out of court The clerk Of the
Judges sent copy Of the resolution the District
Attorney. At the same meeting OF the Judges 1t
must be in charge of each case in court
A letter to Mr.. Gardiner. including the resolu-
tions. was read for the record.
One Of the reasons for the rules relating 70 the
presentation Of cases, Judge Cowing said, that
the motions and applications for dismissals Of in
dictments. etc. might appear the daily calendar
and be open 10 the public. Judge Cowing said
d rule the Judges rely on the statements of the
District Attorney or his assistants when an ap-
plication is made for dismissal Of bail Some
TTrr7.E I-Ea
ing said, he made personal investigation of the
facts on such application
Regarding the complaints that regular adjourn
ments were necessary in 1898 because the defend
ants or their counsel had not received sufficient
notification. Judge Cowing said he had no personal
knowledge Attorneys had often pleaded that they
We're taken by surprise. Often the District At
torney was not ready 10 try the cases that ap-
peared the calendar for the day.
Replying to questions from Mr.. Deming Judge
Cowtng told the story OF the establishment of the
daily calendar. The Judges ordered the calendars
prepared, and Mr.. Gardiner objected that they had
no power TO make such order. The Judges in
structions TO the District Attorney and his reply
were put in evidence. Both published in
March last year.
Referring to the complaint OF the Assistant Dis
trict Attorneys preparing the cases in court the
witness said there is law by which the District
Attorney compel the attendance OF witnesses
except under subpoena to appear in court Speak
ing of the daily calendar of twenty OF twenty-five
cases. Judge Cowing said If all the persons in
dicted by the Grand Jury were to stand trial ten
courts would not suffice"
To further questions Judge Cowing said he as
sUmed fun responsibility for every act Of his in
discharging bail.
RECORDER GOFF ACCUSED OF ENMITY
Recorder Gof followed Judge Cowtng on the wit
ness stand He gave definition Of the Jurisdiction
of the Court Of General Sessions and said he was
practising lawyer for twenty-six years before he
went the bench. Nj Deming and Mr. Inter
myer argued for some time 10 the admssbility
Of this question:
Were there many cases where the District At
torney came into court with cases insuf1ciently
prepared"
Mr. Untermyer objected that unless the witness
ready to specify the cases he should not be
allowed TO answer the question
We know AL about this against Colonel
Gardiner" Mr.. Unrermyer argued. and Your
Honor does not. The trouble is between the Two
men. and stand ready show the animus and
the reason for It."
Commissioner Wilcox called counsel TO order and
Mr, Dening got an affirmative answer his ques-
ton
DO you know Of ten such cases. he asked the
fitness.
Yes" replied the Recorder
Twenty asked counsel
Yes, murmured the Recorder.
Yes with little hesitation.
Mr.; Cntermyer continued 10 protest, and Mr;
efficiently tried by the District Attorneys Office.
Recorder Gon told Of the meeting Of the judges
lions referred 70 by Judge Cowing Asked about
The practice OF the judges in considering an ap-
an indictment, the Recorder said il was usual 10
without further investigation.
The reason for the judges demand for a daily
nous complaint Of the bar" Many letters were
received from witnesses whose time had been
IN many such cases said the Recorder. mis-
UNTERMYER IN A RAGE
This statement brought Mr.. Untermyer to his
feet Make him specify he appealed TO the Com
missioner. How answer these wild accu-
satiCns?"
Ny. Wilcox ruled that the witness had q right TO
give the full reasons and told Mr. Unter1nyer 10 sit
! am obliged 70 protect my client" ne said hoty.
> against any lnfractlon oJ his legal rights, We
feel our rights are not being protected. When
and hearsay evdenc as 53 %d ID
declare that We are not being treated properly"
regard and prompted by counsel gavs in N cna et,a-
siderable detail the story of the disagreement be
tween the District Attorney and the judges which
eliminated in March 1899 and which fully ex-
plotted in tho newspapers al that time.
The Recorder was Sun on the stand when ad-
journment was taken until o'clock.
Mr. Untermyer began the cross-examination as
DO you know Fulton McMahon?" he asked
Recorder Gon said in reply to other questions that
ne had not copy OF the charges against Dis
trict Attorney Gardiner He had consulted with
Mr.. Mcmahon last summer. but IL was not in rela-
ton investigation OF the conduct OF the Dis
trict Attorneys Office.
Mr.. Deming conJended that this line OF inquiry
was not cross-eXaInination. MI Unteruyer insisted
IL was. showing motive animus
When did you have your first difference with
District Attorney Gardiner" he asked the Re
cOrder.
7 cannot say
You have had differences with Colonel Gar
diner"
Il have
When was the arst OCCASION"