New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-04-03


The lost document is still missing. The Dis
trict Attorneys staff says Mr.. Putnam has mis-
laid 1t; Mr.. Putnam says that when he last saw
| IL II was with the other Grand Jury papers
which were handed over to the District Attor-
ney
PUTNAM CALLED AS A WITNESS.
Mr. Putnam had q consultation with Recorder
Gor yesterday. When he Ief. the Recorders
chambers he said
have been summoned to appear before Commits
sioner Wilcox in the Gardner Investigation. the
era but Colonel Gardeners counsel can cross ss
0E any Of @e u dga
atoms with respect 70 the District Atterney That
protect future Grand Juries: Neither shall I say
in the Grand Jury room.
Fulton Mcmahon OF the City Club said that
the trial of District Attorney Gardiner was not
postponed from time to time because Of any
knowledge of what the March Grand Jury
would do. The charge of conspiracy he said
malicious.
It became evident yesterday why Gardiner
did not forward to Governor Roosevelt the teie-
gram which he said he would send, asking that
the entire subject of his relations with the
March Grand Jury should be included in Com
missioner Wfllcox's investigation. His lawyer.
Mr. Untermyer, did not want that presentment
to form part of the record. and cancelled the
request Yesterday he made the probably I'M
precedented request that Judge Foster shouid
expunge what the lawyer called tnlS ptiVi-
legged libel +" entirely from the records OF the
Court OF General Sessions. lie coupled TINS APP
plcation with another. which was that the DIS
trict Attorney might have the right to make
public the whole Of the secret proceedings OF the
March Grand Jury, and the right to use them
II, linn IN
Foster directed Mr.. Untermyer to send notice
to the Attorney General, so that he might OPP
pose it If he desired. Notice was accordingly
sent and the application will be renewed at
1890 o'clock this morning. 1t is considered ex-
tremely doubtful If Judge Foster would tamper
with record in Recorder Gof's court, and If
he did those who know the Recorders high
spirit say a war between judges would in
stantly result.
Thomas NJ. Mccarthy, grocer, of No. 90
Hudson-st., is the foreman Of the Grand Jury
from which Gardiner is expecting the indct-
ment of few of his foes, 1t. too, may grievous-
ly dsappoint him. Here are the other MEM
bers:
William 4. Hubert, president. No 238 Fffth-ave
John E, Mendels, broker, No. 50 Greenwich-st
George r. Hamilton, insurance, No. Ill Broadway.
Solomon B. solomon, importer: No q Fifth-ave
Chester c. Munroe. banker, NO. ~ East twenty
Henry Jqhnson printer No 1O2 y PyIt ss3
ond-st. - ~ ono ~, 49,.
Ed 1ia Il Taller real estate No 90 Frankiin-st
Cleveland II. Dodge. metals, No. SO John-st
Albert Blumenthal, cloaks. No 81 west N1netieth-
Edward s. oppenhe,m banker No 50 Broaa-st
sydney W Hopkins president No "a Newest
Charles E. Hammond, drygoods. NO. 224 Church-
C. Stacy Clark, real estate No. % East Twenty
eghth-St.
George Rudd. retired No. 72o East one-hundred-
James W. Clark, merchant. No Is Ieonard-st.
Henry W. Parsen electrician. 81 East Twenty
Charles Biggs. actuary No. 10 Astor Place;
and Seventy -second-st.
JUDGE FOSTERS CHARGE IN FULL.
And here is Judge Fosters charge in full:
come an important auxiliary In the enforcement
there are certain matters which must be brought
TO your attention. l now, therefore, inform you
in the Tombs OF these only eighty-five await your
attention, that the public business would seem
be In very satisfactory condition The law
gives you the power and makes 1t your duty to in
qqre into 9ssd Of the 9n law Of s al 5 n which
you the Grand Jury, may carry your inquiry. 1t
officials Of high and of low degree; and that vice
is rampant in this community. II so. these are
and the Court stands ready give you the fullest
aid in doing. Wherever you have knowledge
ted. it is within your power. and it is. 1 have
said, your duty TO inquire into II.
To that end, you have the right to call upon the
entire civil power and even If need be, the mill
tary authority of the State may be invoked to aid
and assist you You may subpoena whomsoever
aid you in your investigation, and you have
the power to enforce obedience 10 your subpGnas.
You may subject those whose attendance is thus
enforced to the rigid merciless and searching
examination in aid of the truth. If 1t come to
your knowledge In any way that crime has been
have knowledge you may and should enforce him
to divulge that knowledge and act upon 1t. The
law deems that command of such Importance
O devote entire section ii.
DISTRICT ATTORNEY READY TO ASSIST.
Now what is legal evidence? 1t is 1 take It,
competent evidence; and what is is
petent evidence Is a question that often proves
difficult both to lawyers and to courts Suffice it
TO say that If you have difficulty in determining
whether certain evidence is is legal, you
WILL l sure, find the learned and capable Dis
trict Attorney and his courteous assistants ready
able and willing to advise you all times. and the
ear the Court will always incline toward you.
The Grand Jury for the March term. | in
formed began investigation into the affairs of
the Third Avenue Railroad Company TO ascertain
whether any criminal breaches of trust had been
committed by those charged with the duty of man
aging its affairs and resources, but were unable to
complete such investigation. and have accordingly
TO be submitted you the correspondence that has
been entered into referring thereto, and the rec
ords of such evidence has been taken in the
matter and the Court asks you to give it such at