New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-08
SHELVING OF GARDINER.
THEORIES REGARDING THE GOVERNOR
REASONS FOR GIVING THE STATE
THE B. r. T. CASE.

.sc.oyornor Roosevelt removed District AttOr-
nev Gardiner from any connection with the
Brooklyn Rapid Transit investigation because
he believed that any result obtained with MT
Gardiner as the directing prosecutor would nave
been fiercely criticised by the disappointed par
ties" said state official interested In the IN
vestigation 10 a Tribune reporter yesterday
Continuing The Tribune's informant said:
If Gardiner had brought about an indictment q
well known Wall Street operators. the friends OF
the indicted would instantly have set up ,s =
the Governor in order to stave off his possible re
If he had failed to find an Indictment he would
have been CHARGED With lack Of energy %, by 1 5ne
trict Attorneys office in light esteem Any way
factory ending to the investigation with Mr.. Gard
ner at the head of Il; and that Is Why ne TOOK !,
kindness to Gardiner but at the same time IL was
Office
AS result of the suspension" OF the District
Attorney, he is practically looking for work
these davs Mr. Osborne is monopollzing the
Molineux trial so far as the District Attorneys
office is concerned and scouts the idea that MI.
Gardiner knows anything about the case. his
removal from the supervision OF the b X l.
investigation" as it is beginning to be called for
short is another shove of Mr.. Gardiner toward
the outer door, and he will have little to take up
his time until, as defendant in the charges
brought by the City CluD ne tries "
strate that he has not been guilty of maifea-
sance in office.
There is believed to be a story of more than
ordinary interest back Of the representations
made to Governor Roosevelt in order to bring
about the removal of Mr.. Gardiner from con-
nection with the Rapid Transit investigation, ana
1T is expected that it will come out as soon as
the City Clubs charges are disposed of. While
Mr.. Gardeners critics say that it would be I'M
fair to PREJUDICE his case there Is widespread
comment over the admission that he made this
week. that he had not prepared a defence other
than his letter to Governor Roosevelt in reply
to the charges when they were first made public.
One of the striking features Of that letter, 1t
will be remembered, was Mr.. Gardeners refer
erence to his lineage his services to his country
and to the fact that he once acted counsel to
General Grant and General Sheridan. People
who have given the subject close attention say
that unless Mr.. Gardiner makes better de-
fence than the one contained in his somewhat
rambling letter to the Governor he will surely
lose his official head.
John Proctor Clarke, Special Deputy Attorney
General assigned by Governor Roosevelt to take
charge Of the Special Grand Jury which is to
investigate the charges of alleged false rumors
spread in Wall Street to depress the price of
Brooklyn Rapid Transit stock, said yesterday
that he would not take charge of the Special
Grand Jury until this afternoon. at which time
ne will have decided the course to pursue in
the prosecution of the investigation.
All the Grand Jurymen were present yester
day morning. and about IL o'clock Mr.. Clarke
had consultation with them. What this was
about Mr.. Clarke and the jurymen kept to
themselves, but 1t was undoubtedly relative to
the Wall Street matter. Mr.. Clarke is not
going to have anything to do with the Grand
Jury in other matters. The jury, however. is to
take this matter up chiefly and almost solely,
though because Mr. Clarke has decided not to
go on with his until tomorrow District
Attorney Gardiner introduced number OF petty
cases to the Special Grand Jury to relieve the
regular February Grand Jury.
Mr. Clarke said that he had sent out num-
Der of subpenas for witnesses in Wall Street to
appear to-day before the Grand Jury matters
in which their testimony will prove of value.
He declined to mention whom he had asked to
attend. He said he did not know exactly what
course the special jury would pursue in the in
vestgation of the Brooklyn Rapid Transit mat
ter, but that would come out in the morning.
The Grand Jury will go before Justice Fursman
in the Criminal Branch of the Supreme Court
to present it's findings.
Meantime District Attorney Gardiner, with
Assistant District Attorneys Unger and O'Reilly,
went before the Special Grand Jury with num-
Der of small cases which the jurymen were
to take up to-day.
There were no representatives of the Brooklyn
Rapid Transit Company in or about the old
Board of Health room, in which the Special
Grand Jury is holding its sessions
Charles p Bacon, attorney for Abram Killing,
whose complaint to Governor Roosevelt brought
about investigation OF the condition of the
State Trust Company, yesterday asked Job z.
Hedges Deputy Attorney General to have the
Special Grand Jury take up that company. 1t
is said that the Grand Jury, not having been
selected for any such purpose. cannot take up
a matter of this kind without special authorize
ton from the Governor Mr.. Bacon seid yes
terday:
Nothing would please me better than going be-
bottom of the State Trust Company'S TONS III
any crime has been committed by myself or by any
Likewise. if the trust company officers have done
any wrong their actions should be Investigated I
shall ask Governor Roosevelt to make 1t possible
for the Special Grand Jury TO take up the case
and sift the matter thoroughly.
My petition was sworn to forty-eight hours be-
wreck the company. My only desire has been to get
the facts. The investigation cannot be taken up
too soon to suit me.
When Talbot ]. Taylor, the son-in-law of
James r. keene and the head OF the firm which
figured extensively on the bear side of the mar
ket in December when the Brooklyn Rapid
Transit Company's shares were depressed was
asked yesterday il he had been served with a
subpoena to appear before the Special Grand
Jury he said
No have not. and far know. no member
appear before the Grand Jury. AS matter of
fact. don't know anything about this BROOKLYN
Rapid Transit matter, and have said so from the
was unwilling to have the Street know all about
We have been open and above board in trans
actions. and the investigation being begun Is
one that has no real vital interest for me.
SAYS HE HAS NO MONEY To PAY RJTr