New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-06-28
CASE CLOSED.
HORACE E. DEAIING ARRAIGNS THE
DISTRICT ATTORNEY.
SUMS UP BEFORE COMMISSIONER WILCOX
FOR THE CHARGEs-A LONG AND
COMPREHENSIVE ARGUMENT.

COMPREHENSIVE ARGUMENT.
The closing stage OF the somewhat extended in
vestigaton into Asa Bird Gardeners administration
OF the Office Of District Attorney reached yes
terday when Horace f. Deming. special counsel to
Attorney-General Davies. and Samuel Untermyer.
for Mr. Gardiner, appeared before Commissioner
Wilcox in the Criminal Courts Building for the pur
pose OF summing up. Mr.. Deming's argument occu-
pied the whole OF the hearing. and in consequence
adjournment taken until tomorrow morn
Inc. when Mr.. Untermyer will present his
Mr.. Deming in opening his argument. called at
tention to the fact that the District Attorney has
at his command a staff of 12O employees, each one
his personal appointee, including staff of twenty
three trained lawyers chief clerks department
numbering thirtv-four men, ten stenogra pliers.
thirty-nine county detectives and fourteen
gers and copyists The annual salaries OF the office
amount s231 SO In addition to this he has con-
troll Of large contingent fund.
The District Attorney. Mr.. Deming said is amply
Supplied at the public expense with means meet
the high and responsible duties Of his office How
he had performed those duties in certain important
respects was fully disclosed. according to Mr. Dem
ing by the testimony taken before the Commits
soner.
WHOLESALE DISMISSAL OF INDICTMENTS.
Nj Deming took up, the action of the District
Attorney in the wholesale dismissal Of indictments
ard the discharge Of bail. In this connection he
held that the District Attorney had been guilty of
misuse and abuse of official power, and that his
course had been inconsistent with the honest and
faithful performance of his official duties. Accord
ing 10 the tables prepared by the District Attor-
ney's chief clerk. in the two years 1898 and 1899
there found 6.999 indictments and including
old indictments 9473 were disposed OF follows:
Discharged by the Court. 3,703; convictions, 1874;
acquttals. 16Ss and pleas Of guilty 3lS7 The per-
C ntages are interesting. Dismissas. 80 per cent;
pleas Of guilty "a per cent: acquittas IS per cent;
convictions, per cent. Or. out Of every three
trials two acquittals; out of every eleven persons
indicted. one convicted
Passing to the conduct of the District Attorney
with reference to forfeited recognizances Mr..
Deming cited case after where he said the
District Attorney and his staff had been shown to
have made absolutely attempt to enforcs the
liability Of suTeties upon forfeited recogntzances
1T would startle a client to discover that his at
tCrney had not collected a single dollar Of say
$4,000 Of judgments placed IN his hands for col
lection" Mr.. Den.ng said upon this point. more
especially II before the entry of Judgment the
client had been assured after examination into the
facts that the debtor in each financially
responsible. The client would naturally ask the
attorney to explain On two occasions in this pro-
ooeding the District Attorney has essayed to give
q complete account of his conduct with reference
TO forfeited TecognizanCes The District Attorneys
answer admits responsibility for ia Judgments
aggregating $4,000 during the period just spec-
fed"
RELATIONS WITH JUDGES.
Mr. Deming went on to show that District At
torney Gardiaer did oppose the improper trans
fer Of cases from Specal Sessions tc General SEES
sions. Then. dealing with the conduct the part
of the District Attorney and his staff in their rea-
tons with the Court and the Judges. including the
calendar quarrels the arrest of the court attend
ant. tie mandamus proceedings against the Re
corder. the preparation. presentation and conduct
of cases. the calendar methods Of his office the de-
lays in bringing cases to trial and the frequent
failure 10 supply the courts with sufficient bust
ress. Mr.. Deming rehearsed the testimony Of the
judges Of the Court Of General Sessions, in which
Trey showed that the business of the had
Fl equenty been broughC almost complete
standstin, owing TO the fact that the Assistant
District Attorneys had cases ready for trial
In other instances the Assistant District Attor
ney, had made no preparation for the trial Of a
case other than take a prosecuting witness
aside and question him after the case had been
called for trial This led the judges to compel the
calling Of a calendar in each Of their courts Dis
trct Attorney Gardiner refused TO acknowledge the
right Of the judges to take such a step, and In a
letter twelve hundred words long informed them Of
TIRE fact that he considered that they had
Mr. Deming. upon the subject OF the District At
toTneys nu i Of the Liquor Tax IA, law, as,
purpose to prevent its enforcement
HIS ACTION IN LIQUOR TAX CASES.
In the first eighteen months of his term" Mr.
Deming said, ''s49 defendants were held for trial
at Special Sessions for violation Of the Liquor Tax
Law. In every instance trial by that pre-
vented. and the cases were removed" After point
ing out numerous specific cases where members of
applied for the dismissal OF Indictments Mr.
Grand Jury Of March Of his Year and SAID in the
course OF his argument that the District Attorney
prosecution Mr.. Deming told how the newspapers
had simultaneously demanded an investigation of
OF wholesale corruption charged therein had been
brought to the attention of the Grand Jury by the
District Attorney. Mr.. Deming showed that at no
time had the District Attorney been sincere in his
efforts to obtain information assist the Grand
paTtment who We're the ones Clearly RESPONSIBLE for
District Attorney took further the investigation
ton was 10 ask the Police Department for tesfi
mony 10 he used against g. and TO request from the
open vice existed unchecked in the city.
UNFITNEss FOR OFFICE.
In closing his argument Mr.. Deming said:
D the mental and m moral , q the
Of some Of his acts His colossal vanity his quar-
office when he sought an interview with one OF the
Judges 10 inform him that he the District At
torney. was terrible fighter and did the Judge de
sire peace or waT7-his imPertinent letter to the
SoSIges ms QUERIES over the calendar, his scan
tempt 10 show his superiority over the Judges OF
Sceeolhss IN regard 70 a rule or custom OF that
Court mat even ordinary courtesy should have
orderly manners Of his stan IN ope0 CONN., his
avowed and persistent nuilincation of a public
statute which IL was his duty TO enforce; the
torney for the people. publicly to appear as co1n
sci for violators OF the law; his wholesale recon-
mendauons for dismissals Of indictments and dis
charge Of pan; his persistent and intentional neg
meanor cases from the court specs ey lsde
try them; his causeess of time OF the courts
agement Of the calendars while accused persons
were lying in prison. sometimes for months. with
money. involving long meaningless typewriter re-
he caused TO be read aloud al monthly conferences
the low ideal OF his official duty and responsibility
exhibited IN his. self,praised effort to entrap per
sons accused OF giving testimony against them