New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-06
TO CONDUCT B. r. T. CASE.
J. P. CLARKE MADE A DEPUTY ATTOR-
NEY-GENERAL BY THE GOVERNOR.
INVESTIGATION TAKEN OUT OF MAJOR
GARDENERS HANDs-JUsTICE FuR5-
MANS CHARGE.


John Proctor Clarke. the lawyer. and associate
counsel to the Mazet COMMITTEES. was yesterday
appointed a Deputy Attorney General for the
purpose of conducting an investigation OF the al
legged malicious rumors circulated against the
Brooklyn Rapid Transit Company. This takes
the investigation entirely out OF the hands of
District Attorney Gardiner
There were two interpretations among poiiti-
clans of Governor Roosevet's action in placing
the Investigation In new hands. One was that,
nasmuch the hearing of the City CLUBS
charges against Major Gardiner Is set down for
to-day 1t was simply fairness and courtesy to
relieve him of the responsibility for the alleged
conspiracy charges at this time. The other inter-
probation was that Governor Roosevelt believed
the investigation of the rapid transit affair would
establish an important precedent. and he desired
to have vigorous and proper investigation by
an official against whom charges have been
made.
No announcement Of the appointment of Mr..
Clarke as a Deputy Attorney General was made
till Deputy Acknowledgement JOB e. Hedges
called on District Attorney Gardiner at his Of
flee, in the Criminal Courts Building and hand
ed him an order, signed on Saturday by Govern
or Roosevelt, conveying the information. Mr..
Hedges called just before the Special Grand
Jury convened by Justice Fursman
1t is said that Major Gardiner was indignant
at first that the matter should be taken out Of
his hands. but afterward he said that he was
gratified. 81 cannot tell you what load 1t takes
off my mind" said he to the reporters. " to
know that 1 relieved of the cares and respon-
sibilities incident to an investigation OF this
character. 1t seems If Governor Roosevelt
must have been moved by delicate sense OF
consideration for my welfare"
CHARGE To THE JURY.
The Special Grand Jury was convened at IL
O'clock and Justice Fursman, in charging it.
said:
1t is not to be concealed that You have been con;
vened for special purpose, and 1t is proper. and
think t my duty that should call your atten;
to other grand turies the time Of which has not
6ere s9e and 20 NOW eRss Ia the city
and county OF New York an organized conspiracy
nave been Convened with The 5geeial view 70 the
on eo DO not of tnaT do It IS for yo
to inquire whether 1T is true not. 20 inquire con,
to amy person i implicated to be honsst Upright
Just remembering the qualities OF your 9atn. that
malice nor leave any one t from reaF
knowledge. You are not to Investigate this with
nor nor T are You f to nyestigate for the purpose 81
OF OF II any o mar az high ad
important Officers of justice, honorably. intelli-
obiigafions Which You have ASSUMED at the com
Of Of this
1t declares If two more persons conspire either
indict another for crime to procure another 70
be complained Of or arrested for crime or faiseiy
to institute maintain an action or special pro-
ceeding or !and 1t is to this that cal your our
criminal OF Which. if executed. would amount to a
false pretences or prevent another from exercis-
ing a lawful trade. OF calling; Eaeh OF them
There is another statute TO which desire to call
your to RaRe Special regard in pursuing this
cation. and In the performance OF your duties
PUNISHABLE BY A FINE.
person who with intent to affect the market
price Of the public funds of this State or Of the
United States, OF State or territory thereOi
Stocks St K b tSnfs or 0ther Of debt
or IS ad Dr. or y Jee son or Sutton or
any merchandise or commodity whatever:
the name of an officer Of a corporation or of any
ether to Letter has bss 1 or s a1y
Second-Utters or circulates such a letter.
sage or paper. knowing that the same has been SO
falsely signed; or -, .44
rumor or intelligence-is punishable by fine, etc.
Eliminating ali Of this statute that Is not APP
may call your special attention to the following;
market price Of stocks, bonds or other evidences
Of debt of corporation or association knoWin a
genee, is punishable" etc. It is not. OF course, a
way to enhance or depress the value of stocks OF
a corporation. AS. for instance, a may pur-
sand if he please; the natural tendency Of which.
all know, is to enhance the market value of these
stocks: and when use the term value ! mean
market value; or who may throw suddenly upon
the market large block of stocks, twenty-five
thousand shares. If you please, and thus depress
the market value Of stock This is not nn-
lawful nor crime 1t Is the employment OF u ui
tutes crime. 1t is the circulation of false rumors
false information concerning the stocks and bonds
of any corporation or association that the law de-
clares to be a crime, and imposes upon the person
guilty severe penalties This you are to inyestl-
of NewYork any such false rumors have been
hancing the value of any particular stock, And
if you find that this has been done, then you
to investigate to the persons who have been
guilty of those offences and If you find 1t has
been done, and are able to say who has done it,
ing the punishment of man. desiring to shield
d dctmen ' or those men by ndictment whoever
they may be- that they may be dealt with accord
ing to law.
NAMES OF THE MEMBERS.
After the charge Mr.. Hedges who represented
Mr.. Clarke. who was In Albany, said the Grand
Jury would adjourn till tomorrow morning at
IL o'clock. The foreman of the Grand Jury is
Emanuel w. Bloomingdale and his associates
ras broker; John X. Cilley j. b. Cannon,
builder; Henry Thompson, John H. Dresler,
Arthur E. Wood, real estate Henry Evans.
Archibald Mackay real estate; Lucius NJ Stan
ton silks; Joel B. Fisher, Moses 1. Mandel, mer-
chant; Morris Godstein, tailor Edward r.
Lyon, fuFs Nicholas O'Donnell, coal; James A.
Benedict, broker; John H. Knoeppel, merchant
John H, G. Vehslage COAL Robert w. Ruther-
furd, William Milne Grinnell. architect; Frank
M Barnum and Oscar b. Weber. manufacturer.
It was said yesterday that the evidence to be
submitted to the jury has all been passed upon
by William +. Sheehan, De Lancey Nicoll and
John ID. Lindsay, and the friends of the Rapid
Transit Company assert that these lawyers
the matter if they had not been certain of