New-York tribune., 1900-05-25
GARDINER CASE ENDS O-DAY
THE COMMISSIONER ORDERS HEARINGS
CLOSED-PRAISES DISTRICT ATTOR-
NEY'S CONDUCT ON STAND.

The cross-examnation of District Attorney Car
diner in his defence to the charges made against
him by the City Club. resumed yesterday be-
fore Commissioner Wilcox. in the Criminal Courts
Building. Before adjournment taken until
10 o'clock this morning, Commissioner Wilcox ruled
that the testimony in the case must be completed
the session to be held to-day. He also ruled
that at to-day's session the hearing would be ad-
journed until Wednesday. June 13. when both sides
make their final argument and submit their
briefs. He suggested that counsel exchange briefs
in advance. The rulings made after Mr.. Will
had spoken to counsel on both sides in regard
to his intentions.
The cross-examir alton of Mr.. Gardiner occupied
the whole of yesterdays session Before the ses-
sion began, Commissioner Wilcox said. IN speaking
about the answers and explanations made by the
District Attorney while being cross-examined by
Horace c. Deming. of the Attorney Generals force.
Wednesdays hearing, that Mr.. Gardiner had
made a good impression him.
''I was astonished" said Commissioner Wilcox.
"at his dignity and good temper, his wonderful
memory and his intimate grasp of the affairs of his
office. He made first class witness for himself.
AS as Mr.. Gardiner took the stand yester-
day Mr. Deming resumed questioning him about
the Liquor difficulties. and the witness re-
iterated his statements as to why 1t was almost
impossibility TO secure convictions Mr.. Deming
then questioned him about the trouble he had in
1885, when he tried to enter Recorder Goffs court
room while the Recorder charging the jury.
In reply to questions the District Attorney said
that he did know II his business in that court
at that time was important, as he went there in
response to a call from his assistant ex-Judge
Blake He added that he did not go into the court
after he had the doorkeeper arrested because he
thought he had been nsuted, and did not choose
submit himself to further insult until the matter
had been tested in court AS to why he did not
try decision in the mandamus proceed
ings he instituted to determine the right of entry
of the District Attorney to all parts of the Court
of General Sessions any time. he said that the
Supreme Court seemed ready to hear the case, but
following his usual course of submitting TO the
Judges whenever possible. he decided TO let the
matter drop unless forced to continue it. He said
that he did not think that he had made any par
court when the Recorder was charging jury. or
to keep away from the court at ~ suen aes nrono
stion he sought ablish in brief presented to
aRa IN ae of
or,s to of se the h Mafs sfS No IL
SO s{ Go o he f PaPna is
Mr.. Deming's business to irrtate you and yours to
keep your temper" < .
Mr., Gardiner finally explained that the brief In
had d Of 1 X. h% John on q his seeSa
indictment 0a ana was Brought into the Henderson
matter by the defence.
sydence the object being ben to show " tfse M
Mazet Committee and the standing of the sergeant
The h to Psy t csse b aas
not at length owng to 5qng of Of
charges sssussf M him W.T. e
told the witness that in the present condition
| of the Molineux he need not reply TO any
question If he believed the answer would be preJu-
dicial TO the public interest The witness said that
he fully approved Of the taken in the Moll-
neuX trial before and during the Coroner's inquest
Mr.. Demng then asked the witness many ques-
tions about the indictment found against Nicholas
| Murray Butler and Henry Holt for criminal libel
] Mr.. Deming next asked the witness why he in
! sisted upon presenting the complaint against Dr.
Cleaveland to the Grand Jury, and refused TO allow
| preliminary hearing in the police court. MT
| Gardiner said that DR.. Cleaveland had waived his
| right examination before city magistrate
Mr.. Deming tried show that the proceedings
occupied year before the complaint was dismissed
| and that Dr. Cleaveland's reputation had been
much injured by the delay. Mr. Gardiner replied
that DR.. Cleaveand was responsible for the delay
| and could have had trial on the merits OF the
| within month IL he had taken that course
instead of fighting for dismissal Of the indfct-
! ments found by the Grand Jury.
Under the specification in the charge of demon
| strated unhtness for office Mr. Deming offered in
evidence Mr.. Gardeners letter. declining to obey
| subpoena from the Mazet Committee. Mr.. Wilcox
admitted it over the objection of Mr.. Untermyer.