New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-12-18

81 =
TO permit the District Attorney 10 contest ~
nerson the right OF the Deputy Attorney-Gen-
he nroceedng. The Court thereupon adjourned
the hearing until p. m. AT p. m the Oistfic'
On October IA Anthony w Miller, upon prose
cution by the Attorney Generai ln the yeners ~
Market police court was heia TOT ira IA .ne
C,ourx OF Special Sessions on TIE charge or caus-
ing disturbance IN a polling place ana reius-
Ing 10 obey a lawful command of the Board OF
inspectors. The defendants counsel thereupoh
moved IN the supreme Court for certificate
transferring the case from the Court OF Special
sessions 10 the Court of General Sessions. The
motion was opposed by the Deputy Attorney
General, who Is Informed by FREDERICK a ware
that Charles f. Mccann a Deputy Assistant
and against the position taken by the Deputy
Attorney-GeneraL
General again requested the District Attorney
&c render 10 the Attorney-General and his
deputy all aid and assistance within his power.
and especially requested him 10 command and
instruct his assistants TO render such aid ana
assistance and reiraln from aelasihs, lnt int
ing with and hindesing the prosecutions and con-
duct Of such cases the District Attorney there
upon wiltuy and unlawfully refused.
On October % the District Attorney interfered
with the Attorney-Genera and his deputy and
presented 10 the Grand Jury the case OF The
People agt. McArdle, in which the defend
ant was charged with false registration. al
though the District Attorney had been previous
~ notified that such cases would be presented
10 the Grand Jury 10y the Attorney-General and
his deputies. No indictment was found in the
case by the Grand Jury.
20 the Grand Jury the case OF The People sst
John Evans. charged with false registration,
fed on October p that the Attorney-General
would prosecute and conduct ali cases arising
under title Of the Penal Code.
On November the District Attorney and As
sistants Aenry W. Unger and Daniel OReilly
refused 20 render the I'D and assistance within
their power 10 the Attorney General, and re-
fused "a tba Tor,,f,-
subpoenas, then in the Office and possession Of
the District Attarney. 10 compel the attendance
~ NIT hafp he Tarrr he
day Unger and OReilly and other clerks and
employees Of the District Attorney refused 10
randum slips used for certifying TO the attend
ance before the Grand Jury.
on November Henry w. Unger interfered
with the Deputy Attorney-General by inter
rnptlng him when he was presenting a case 20
the Grand jury, and insisted before the Grand
jury mat the Deputy AttOrney-Generai should
cease presenting such cases before the Grand
Jury.
The Deputy Acknowledgement is Informed by
= ;. Hotchliss, assistant in the Office of the
Attorney General that on the examination of
Charles G. Bartlett, the librarian in the Office
OF the District Attorney held by Magistrate
crane on the charge OF false registration the
District Attorney on November 2 appeared on
behalf OF Bartlett and insisted upon his dis
charge, and Bartlett discharged.
On November Henry w Unger interfered
In the prosecution and conduct of election cases
by falsely stating TO Recorder Golf, in Part
OF the Court OF General Sessions, that the Dep
uty Attorney-Ceneral had interfered with the
work OF the District Attorneys Office by pre-
senting 10 the Grand Jury IAN election
squabble that amounted nothing" when he
(CngeD desired to present more important cases
10 the Grand Jury. The so-called election
sQuabble" when presented TO the Grand Jury
resulted in the Indictment OF Max Hochstim
ABE" Silverman John Smith, George Green
berg and Jacob Awler, for the felony OF forcibly
releasing from custody and assisting in the es-
cape OF one James Bartlett, charged with viola
ton OF the Election law and placed under ar
rest by Deputy Superintendent of Elections
on November the Deputy Attorney General
presented to the Grand Jury the case Of
The People agt William S. DeVery charged
with attempting to hinder the delay OF the State
Superintendent OF Elections in the performance
OF his duties as such Superintendent. The Dis
trict Attorney on the same day said that the
Indictment was an outrage and would not hold
water and that the name of the District Attor-
ney on the indictment was a forgery.
on November 30 Recorder Golf directed that
cases arising under violations Of Title V of the
Penal Code be placed upon the calendar OF the
Court Of General Sessions. Part Ii. for trial and
William McKenna, the chief clerk in the Office
OF the District Attorney. was so informed on
december >, upon the request of Assistant Dis
trict Attorney MeClelland, the panel OF Jurors in
fart II was dismissed, and IL thereby became
December T.
ELECTION CASES BLOCKED.
on Monday, December TO- there were eighteen
prison cases IN The list which Mr.. Hammond
wanted 10 have disposed Of in the court He
mac directed nye cases TO be placed on the cal
endar OF Part ii Of the Court of General SEES
sions, and had caused about 6ftv Witnesses 20
be summoned Assistant District Attorne1 No
Iceland interfered with Mr.. Hammond's plans
"a oePtanGing the privilege Of trying the OF
me Feolhe agt Mather, saying that the case
would occupy not more than two hours The
ease was dragged out two days preventing the
ulal OF The election cases. The Deputy ATTORNEY
General asked Clerk McKenna 20 have tn siac
10 ION cases placed on the calendar for December
Ls, Des MeRenna refused, and at the request of
- s -stan n Dlstflct Attorney Gordon the case
trial Gu u 30 oh
Aiter reclting the charges Mr. Hammond
prass in conclusion that the charges be INQUIRED
INTO and ii Asa Bird Gardiner be found guilty
OF the same or any Of them that he be removed
nom his Office of District Attorney of New
York County"
The charges are sworn to before Patrick H.
Dunn, notary N the office of Superintendent
McCullagh
MR.. GARDENERS STATEMENT.
District Attorney Gardiner last evening made
The following statement:
These charges Of Mr.. Hammond were served
To-Day, and answer is required on Thursday and
nSSIlhs set Tor saturday at Albany. They
NnoAy concern alleged election trials OF which
ool Know absolutely nothing beyond a passing
conversation In elevator with the COMMA in
ant when he wished my Office TO give him blank
soppenas signed by myself for the appearance
~ witnesses before the Grand Jury ana I told
MN mat such were never issued by me. except
Mhen the names Of witnesses were first filled in
AND that as subponas from the Attorney-Gen-
era ran with equal force and effect under the
Jaw. could see no prOpriety in complying with
sls request and violating rule of ONCE founded
IN wise public policy.
Whatever MAJ be said of the oonsti,,,,;o.,o ,,..
eI me act IN attempting 10 divest the District
Attolhey as constitutional officer elected by
me people OF part Of his functions and imposing
me same upon an appOintiVe officer. this once
- recognized the law existing statute
nc IN every particular. far as il has been in
ouf power We have stood reads TO helm in the
enforcement OF the election laws " @S
As is well known I have often declared 10th
and rTe